People v. Langan CA1/5

BACKGROUND

In March 2010, appellant pled guilty in Mendocino County Superior Court to one count of robbery (Pen. Code, § 211) and admitted four separate prior prison terms (Pen. Code, § 667.5, subd. (b)). The court imposed a state prison term of nine years but suspended execution and placed appellant on three years’ probation. His probation conditions included a requirement that he obey all laws. Appellant waived all accrued custody credits. (People v. Johnson (2002) 28 Cal.4th 1050.) He was released into a residential drug treatment program for which he was to receive day for day custody credits upon successful completion of the program. Appellant did not appeal. Subsequently, appellant’s case was transferred to San Mateo County and then Lake County. In October 2012, a complaint was filed against appellant in Lake County Superior Court alleging multiple counts of possession of controlled substances. Appellant subsequently pled no contest to two counts of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and the remaining counts were dismissed pursuant to the plea agreement. The plea agreement provided the sentences on the two counts were to run…