People v. Schuster CA4/3

FACTS & PROCEDURE

In July 2011, Schuster pleaded guilty to possession for sale of methamphetamine (Health & Saf. Code, § 11378) and destroying or concealing evidence (§ 135), and he admitted a previous felony conviction and two prison priors (Health & Saf. Code, § 11370.2, subd. (c); § 667.5, subd. (b)). The court sentenced him to two years in prison. The trial court imposed various fines, penalties, and assessments including a $200 parole revocation restitution fine (§ 1202.45), which was suspended unless parole was revoked. On June 1, 2012, Schuster was released from prison to PRCS, on conditions that included he must comply with all his probation officer‟s instructions and not engage in any illegal conduct. On June 11, 2013, the probation department filed a petition for revocation of PRCS. The petition alleged that on three dates in late 2012, Schuster tested positive for methamphetamine. The petition also alleged that in May 2013, Schuster was arrested by the police for possession of a controlled substance for sale (Health & Saf. Code, § 11378), and possession of drug paraphernalia (Health & Saf. Code, § 11364.1). A hearing on the petition to revoke PRCS was held on August 2,…