People v. Contreras CA6

Background On June 25, 2012, defendant was charged in case No. SS121025A with transporting a controlled substance (methamphetamine), in violation of Health and Safety Code section 11379, subdivision (a); resisting, delaying, or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1)); and two counts of driving with a license suspended for reckless driving, with two prior convictions (count 3, Veh. Code, § 14601.1, subd. (a), and count 4, Veh. Code, § 14601, subd. (a)). Attached to the transportation count was an allegation that defendant had a prior strike conviction for carjacking, for which he had served a prison term. (Pen. Code, § 215, 1170.12, subd. (c)(1); § 667.5, subd. (b).) Defendant pleaded guilty to all of these charges, with an indicated sentence of five years instead of “up to nine,” contingent on his not “get[ting] into trouble” before the November 2 sentencing date. On October 22, 2012, a new charge was filed in case No. SS122013A, this time for possession of marijuana in jail (Pen. Code, § 4573.6, subd. (a)), with an allegation of the same prior strike conviction for carjacking. Sentencing in SS121025A was continued to November 14 and thereafter to November 21,…