People v. Leftenant CA2/6

Facts and Procedural History On March 1, 2010, appellant entered into a negotiated plea to felony driving under the influence of alcohol (DUI) with a prior DUI conviction (Veh. Code, § 23152, subd. (a); 23550.5, subd. (a)) and driving with a suspended license with a prior DUI conviction (Veh. Code, § 14601.2). The trial court sentenced appellant to two years state prison, suspended execution of sentence, and granted five years formal probation with 120 days county jail. As a condition of probation, appellant was ordered not to use or possess marijuana unless pursuant to a doctor's recommendation. He was also to enroll in and complete a Multiple Conviction Drinking Driver Program (MCDD program). On May 31, 2012, a violation of probation (VOP) notice was filed alleging tht he was driving with a suspended driver's license, not paying a $200 fine to the State Restitution Fund, and not paying probation fees totaling $2,688.34. A first amended VOP notice was filed, alleging that he had failed to report to probation or submit to drug alcohol testing, had tested positive for marijuana, and was disqualified from the MCDD program on November 20, 2012. Appellant claimed the…