People v. Hatch CA4/3

FACTS AND PROCEDURAL BACKGROUND

A felony complaint filed July 31, 2012 (Orange County Case No. 12NF2458) alleged Hatch violated Health and Safety Code sections 11378 (possession for sale of a controlled substance) and 11379, subdivision (a) (sale or transportation of methamphetamine) on July 27, 2012. It also alleged Hatch previously suffered convictions within the meaning of Health and Safety Code section 11370.2, subdivision (c), served several prison terms within the meaning of Penal Code section 667.5,

2 subdivision (b), and was ineligible for probation. (Pen. Code, § 1203.07, subd. (a)(11) [no probation for persons convicted of violating specified provisions of the Health and Safety Code with prior similar convictions].) A second felony complaint filed December 13, 2012 (Orange County Case No. 12HF3628), as amended December 21, 2012, alleged Hatch violated Health and Safety Code sections 11377, subdivision (a) (possession of methamphetamine), 11364.1, subdivision (a) (possession of a syringe, and Penal Code section 466 (possession of burglary tools) on December 12, 2012. It also alleged Hatch committed a crime while

released on bail (Pen. Code, § 12022.1, subd. (b)), and…