Beagle

In an all-too-common scenario, defendant Tracy Lynn Beagle was arrested during a search resulting in the seizure of drugs in one location and weapons, in this case nunchakus, found in another. Defendant entered a guilty plea to the weapon charge in exchange for dismissal of the drug charge and imposition of probation. At sentencing, the court imposed weapon- and drug-related probation conditions. We conclude that the rule of People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] (which prohibits the negative consideration at sentencing of dismissed charges) applies to probation conditions. We remand to enable the trial court to exercise its discretion in determining whether to reimpose the drug-related conditions of probation based on facts other than those related to the dismissed drug charge, such as defendant’s background.

FACTUAL AND PROCEDURAL HISTORIES

We derive the facts from the transcript of the preliminary hearing. Officers searched defendant’s house. In a bag sitting atop a plastic plant, they found methamphetamine, a scale, a pipe, a spoon, and some baggies. In another location in the house (a closet) the officers found a pair of wooden…