People v. Giberson CA3

FACTS AND PROCEEDINGS

On June 2, 2010, pursuant to a plea bargain, defendant Dean Lee Giberson pleaded no contest in amended criminal complaint CRF10-2456 (the 2010 case) to count 1, transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and admitted a prior strike conviction for making criminal threats (Pen. Code, § 422). In exchange for defendant’s plea and admission, the court dismissed count 2, possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), count 3, possession of drug paraphernalia (Health & Saf. Code, § 11364), count 4, driving without a valid driver’s license (Veh. Code, § 12500, subd. (a)), and an allegation that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b)). The agreement, as set forth in the plea form, stated that “the matter of probation and sentence is to be determined solely by the Court.” The trial court suspended imposition of judgment and placed defendant on Proposition 36 probation for three years. On October 13, 2011, defendant was charged in case No. CRF11-4545 (the 2011 case) with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) with allegations of a prior strike…