People v. Rivera CA1/1

I. BACKGROUND

Defendant was charged by complaint with the sale of a controlled substance. (Health & Saf. Code, § 11352, subd. (a); count I.) The complaint also alleged defendant had prior convictions (Pen. Code,1 § 667.5, subd. (b)) and was on bail when he committed the crime alleged (§ 12022.1). On July 18, 2011, defendant pleaded guilty to an added count of accessory after the fact. (§ 32.) All other charges and enhancements were dismissed. On August 8, 2011, the court sentenced defendant to three years’ probation.

1 All further statutory references are to the Penal Code. Defendant’s probation was administratively revoked twice, on December 19, 2011 and January 4, 2012. The court granted supervised pretrial release on February 3, 2012. On March 30, 2012, defendant was released to the City Team Ministries Residential Treatment Program (hereafter City Team) in Oakland. On May 4, 2012, probation was reinstated on the original terms and conditions and extended to August 7, 2014. On March 6, 2013, a motion to revoke defendant’s probation was filed by the probation department. The petition alleged defendant was a suspect in a forcible rape. A contested hearing on the petition began…