People v. Weathers CA1/4

I. BACKGROUND

At the time of his May 2011 arrest, defendant was in possession of a glass smoking pipe, several baggies of methamphetamine, and over $600 in cash. In August 2011, defendant pleaded no contest to violating Health and Safety Code section 11378, subdivision (a) and admitted a prior felony conviction (§§ 11370.2, subd. (c),11378). Despite the fact that defendant had suffered two or more prior felony convictions, the court found that unusual circumstances suggested the interests of justice would be best served by granting probation. (See § 1203, subd. (e)(4).)

1 All further undesignated statutory references are to the Penal Code.

1 At the June 25, 2012 sentencing hearing,2 the court granted probation based on the probation department’s supplemental report, which specified 22 different conditions. Among the specified conditions, was the requirement that defendant “shall . . . report in writing to the probation officer between the 1st and 10th of each month, on forms provided by the probation officer” (Condition 1). Defendant was also ordered to “appear at the Lake County Probation Department . . . on the first business day following his release from custody” (Condition…