People v. Gomez CA1/3

BACKGROUND

On October 1, 2012, pursuant to a duly executed plea form executed in case No. CR929581, defendant pleaded no contest to inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a); count 1) and admitted two prior prison term allegations (id., § 667.5, subd. (b)). All other counts and allegations were dismissed with a Harvey

1 waiver.1 Pursuant to the negotiated plea, the court suspended imposition of sentence and placed defendant on probation for three years. On September 10, 2013, in case No. CR933326, defendant was charged with possession of methamphetamine for purposes of sale (Health & Saf. Code, § 11378; count 1); transportation of methamphetamine (id., § 11379, subd. (a); count 2); transportation of morphine (id., § 11352, subd. (a); count 3); possession of morphine (id., § 11350, subd. (a); count 4); transportation of hydromorphone (id., § 11352, subd. (a); count 5); possession of hydromorphone (id., § 11350, subd. (a); count 6); possession of nunchaku (Pen. Code, § 22010; count 7); and possession of diazepam without a prescription (Health & Saf. Code, § 11375, subd. (b)(2); count 8). The complaint also alleged defendant had suffered six prior…