People v. Friend CA1/4

I. BACKGROUND

We dispense with a recitation of the facts underlying defendant’s offense, as they are irrelevant to the disposition of this appeal. Defendant was charged with possession of methamphetamine in a jail facility (Pen. Code,1 § 4573.6) (count 1), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) (count 2).

1 All further undesignated statutory references are to the Penal Code. 1 Defendant entered into a negotiated plea agreement wherein he agreed to plead guilty to count 1 in exchange for the dismissal of the remaining count. It was further agreed that if defendant did not receive probation that there would be a three-year cap on any imprisonment. At the change of plea hearing in April 2013, defendant stated that he understood the agreement. The court warned defendant that the maximum financial penalty for unauthorized possession of a controlled substance in jail “is a fine of up to $10,000; restitution fine of no less than [$]280 and no more than $10,000 . . . [¶] Do you understand that?” Defendant answered, “Yes, sir.” After additional advisements, the trial court asked defendant whether “anyone promised you anything other than that which has…