People v. Ferguson CA3

Good Law
Court of Appeal of CaliforniaMay 13, 2014C074558California2,004 words

Opinion

Opinion

BACKGROUND

A Case No. SF119609A (No. 609) was originally filed in San Mateo County and later transferred to San Joaquin County. Because the matter was resolved by plea and defendant waived referral to the probation department, the facts are taken from the plea colloquy. In December 2009, defendant willfully and unlawfully possessed methamphetamine and resisted, delayed, and obstructed Menlo Park police officers who were attempting to discharge their duties. Defendant pleaded no contest to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -- count one) and misdemeanor obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) -- count four). In exchange, the trial court dismissed two related counts, suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions including six months in jail, awarded 61 days of custody credit and 60 days of conduct credit, and ordered defendant to pay a $200 restitution fine (Pen. Code, § 1202.4) plus administrative fee, a $200 probation revocation fine (Pen. Code, § 1202.44), an $80 court security (now operations) fee (Pen. Code, § 1465.8, subd. (a)(1)), and a $60…

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