People v. Scott CA1/2

BACKGROUND

Case No. 13-70941 On February 25, 2013, defendant was charged by information with transportation of marijuana, a felony (Health & Saf. Code, § 11360, subd. (a)), and a strike allegation based on a prior conviction of violating Penal Code section 288, subdivision (a).

1 All further undesignated statutory references are to the Penal Code.

1 On May 6, 2013, defendant pled no contest to an added count 2 to the information, charging felony possession of marijuana for sale (Health & Saf. Code, § 11359), pursuant to a negotiated disposition that included the understanding that he would be sentenced to three years in state prison (the upper term), execution of sentence suspended; he would be placed on five years probation with a county jail sentence of 90-120 days; and the district attorney would dismiss the prior strike allegation. At the change of plea hearing, the judge engaged in an extended voir dire of defendant, and accepted his change of plea. The court found there was a factual basis for the plea. Defendant was sentenced on June 19, 2013, in accordance with the plea agreement, with the condition that he serve 100 days in the county jail. Other fines, fees and…