People v. Trend CA3

BACKGROUND

On February 11, 2010, at about 4:44 p.m., an officer saw defendant and another person walking through a motel parking lot in an area known for drug activity. The officer knew defendant was on parole; when defendant noticed the patrol car, he and the

1 other person tried to open one of the motel room doors. The officer contacted defendant and searched him, finding two plastic baggies containing a total of 0.6 grams of methamphetamine. Defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior strike and three prior prison terms (Pen. Code, §§ 1170.12, 667, subd. (e)-(i), 667.5). The trial court suspended imposition of sentence and placed defendant on three years of probation with Proposition 36 drug treatment as a condition thereof, striking defendant’s prior strike in order to do so. Defendant admitted violating probation in September 2011. The trial court imposed a six-year state prison term, suspended execution of sentence, and reinstated probation. Probation was again reinstated after defendant admitted violating probation a second time in August 2012. Following a contested hearing in April 2013, the…