Goldberg

People v. Goldberg

Good Law

105 Cal. App. 4th 1202·130 Cal. Rptr. 2d 192·2003 Cal. App. LEXIS 141·2003 Daily Journal DAR 1317·2003 Cal. Daily Op. Serv. 1063

Court of Appeal of CaliforniaJanuary 31, 2003A097650California2,486 words

Opinion

Stevens, J.

Christopher John Goldberg (Goldberg) appeals from a sentence imposed after he violated the terms of his probation. He contends the trial court erred by refusing to reinstate his probation pursuant to Penal Code section 1210.1, subdivision (e)(3)(D). We disagree and affirm the judgment.

I. Facts and Procedural History

In January 1995, Goldberg was charged with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)); transportation of not more than 28.5 grams of marijuana (Health & Saf. Code, § 11360, subd. (b)); possession of diazepam (Health & Saf. Code, § 11377, subd. (a)); possession of a device for smoking a controlled substance (Health & Saf. Code, § 11364); driving under the influence of alcohol or drugs (Veh. Code, §23152, subd. (a)); being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)); and being unlicensed to drive the type of vehicle he was driving (Veh. Code, § 12500, subd. (b)). The complaint was later amended to charge a prior conviction for driving under the influence (Veh. Code, § 23152, subd. (b)).

In May 1995, Goldberg pled no contest to count 1 (transporting methamphetamine) and count 5…

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