People v. Mueck CA3

BACKGROUND

In case No. 09F8785, defendant pleaded no contest in December 2009 to possession of marijuana for sale (Health & Saf. Code, § 11359 -- count 1). The trial court suspended imposition of sentence and placed defendant on probation for three years. In case No. 10F3000, defendant pleaded no contest in June 2010 to child endangerment (§ 273a, subd. (a) -- count 1) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a) -- count 2). Defendant also admitted violating

Undesignated statutory references are to the Penal Code. 2 A similar issue arising under Proposition 36 is pending before the California Supreme Court. (People v. Conley (2013) 215 Cal.App.4th 1482, review granted Aug. 14, 2013,

S211275.)

2 the terms of probation in case No. 09F8785. The trial court suspended imposition of sentence, placed defendant on four years of probation, and revoked and reinstated probation in case No. 09F8785. During an April 2014 trial in case No. 12F4988, defendant pleaded no contest to misdemeanor child endangerment (§ 273a, subd. (b) -- counts 2 & 3) and a jury convicted her for possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)…