People v. Meza CA2/6

FACTS AND PROCEDURAL HISTORY

In January 2013, appellant pled guilty to two counts of selling, transporting, or offering to sell a controlled substance (Health & Saf. Code, § 11352, subd. (a)), and was sentenced to three years in state prison. He was released on PRCS approximately a year later.

1 All statutory references are to the Penal Code unless stated otherwise. 2 Morrissey v. Brewer (1972) 408 U.S. 471 (Morrissey). On July 1, 2015, appellant was taken into custody. On that date, he informed a probation officer that he would rather do "custody time" than participate in a drug treatment program. On July 2, 2015, Senior Deputy Probation Officer Venessa Meza advised appellant of the alleged PRCS violations (using controlled substances and failing to participate in Narcotics Anonymous meetings), conducted a probable cause hearing, and determined there was probable cause that appellant had violated his PRCS terms. (§ 3455, subd. (a).) Appellant was advised of his rights to counsel and to a formal revocation hearing, and that the Ventura County Probation Agency was recommending 120 days in county jail. Appellant rejected the recommendation, denied violating PRCS and requested…