People v. Jones CA2/4

FACTS AND PROCEDURAL BACKGROUND

In 2010, appellant pled no contest to possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted two first-degree residential burglary convictions, which qualified as prior strike convictions under the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The court ordered that defendant complete a one-year live-in drug treatment program, after which he would be sentenced to probation with credit for time served. In 2011, imposition of sentence was suspended, and appellant was placed on probation for three years with credit for the one-year program he had completed. Probation was revoked in 2014 after appellant was arrested and charged with misdemeanor annoying or molesting a child under 18 (Pen. Code, § 647.6) in case No. 3AV06746. The probation violation hearing was conducted concurrently with the jury trial on the misdemeanor charge. According to his trial testimony, the victim, M.W., was 17 years old at the time of the offense in October 2013. Appellant, whom M.W. never had seen before, pulled in front of him as M.W. was crossing the street from a transportation center to his high…