People v. Reece CA6

I. BACKGROUND

The following background is identical to that in our previous decision. In April 2011, the superior court sentenced defendant to a total of five years, eight months in prison as follows: in case No. SS101428A, the upper term of three years for petty theft with prior theft convictions (§§ 666, 484, subd. (a)), plus one year for each of two prior

1 Unspecified statutory references are to the Penal Code. prison terms (§ 667.5, subd. (b)); and in case No. SS110117A, eight months consecutive for possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). In exchange for defendant’s guilty pleas and admissions of the prior prison terms, a “crime on bail” enhancement under section 12022.1 and a misdemeanor paraphernalia charge under Business and Professions Code section 4140 were dismissed in case No. SS110117A pursuant to section 1385. In each case, by agreement, the court suspended execution of the sentence, placed defendant on probation, and referred him to participate in drug treatment court. In January 2012, the People filed a petition to revoke probation, alleging that defendant had been discharged from a court-ordered drug treatment…