People v. Chavez CA4/2

FACTS, ISSUES AND DISCUSSION

Defendant pled nolo contendere to transporting methamphetamine (Health & Saf.

Code, § 11379, subd. (a)) and possessing methamphetamine for sale (Health & Saf. Code,

§ 11378) and he admitted having suffered six prior convictions for which he served

prison terms. An agreed-to sentence of 10 years was imposed, but suspended, and he was

granted felony probation. About a year later, following a revocation of his probation, he

was sentenced to prison for four years.2 He was released from prison on April 8, 2013

and placed on Community Supervision, which was set to terminate on April 8, 2016. On

April 4, 2014, his probation officer filed a petition to revoke his community supervision

and remand him, recommending that defendant serve 180 days and be reinstated on

community supervision. In the petition, the probation officer stated that defendant had

violated two of the terms of his community supervision by, in June, 2013, using another

person’s credit card to pay $761.24 of his own bills and by not cooperating with his

All further statutory references are to the Penal Code unless otherwise indicated.

This is what the petition states.…