People v. Cargill CA3

BACKGROUND

This appeal involves four separate cases, which are briefly described post.2 Case No. CM038547 On April 25, 2013, defendant was charged by complaint in case No. CM038547 with one count of second degree commercial burglary (§ 459—count 1), and one count of receiving stolen property (§ 496, subd. (a)—count 2). Case No. CM039814 On November 4, 2013, defendant was charged by complaint with one felony count of possession of a controlled substance, Oxycontin (Health & Saf. Code, § 11350, subd. (a)—count 1), one felony count of possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 2), one felony count of bringing an illegal substance into a jail facility (Pen. Code, § 4573.5—count 3), and one misdemeanor count of possession of an opium pipe (Health & Saf. Code, § 11364.1, subd. (a)(1)—count 4). The complaint also alleged that defendant was released from custody on bail or on his own recognizance in case No. CM038547 at the time of the offenses charged in counts 1, 2, and 3. (Pen. Code, § 12022.1.) Case No. CM039895 On November 4, 2013, a complaint was filed charging defendant and a codefendant with one felony count of first degree…