People v. Moran CA4/3

FACTS

Defendant, a Delhi criminal street gang member, pled guilty to unlawful theft or use of a vehicle in January 2011. He was ordered to serve two years in state prison, but was released on PRCS in November 2011. As a condition of his release, defendant was instructed that any new law violation may result in revocation of his PRCS release. In February 2014, defendant was arrested for possession of heroin (Health & Saf. Code, § 11350) and drug paraphernalia (Health & Saf. Code, § 11364.1, subd. (a)) after a search of his residence and belongings yielded a small baggie of heroin and a methamphetamine pipe. This was not defendant’s first violation. He had been ordered to serve two 10-day flash incarceration periods and 90 days in county jail in 2013 as a result of prior violations. In March, the Orange County Probation Department filed a petition for revocation of his PRCS on the basis of the new law violation, and for not notifying his probation officer about the new law violation. In April, defendant filed a motion to dismiss the petition, citing Penal Code section 3063.1, the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). He claimed the PRCS Act of 2011 was…