People v. Sarabia CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense2 On April 23, 2011, around 7:27 p.m., police saw defendant parked illegally in a Honda sedan with illegally tinted front windows. Upon contacting defendant, the police observed him exhibiting signs of intoxication. A records check revealed his driver’s license was expired. Police found a bindle of cocaine in defendant’s sock. In a search of the car, police found a plastic bag containing a substance commonly used to cut cocaine. B. Procedural Background The prosecution charged defendant by felony complaint with three counts: Count One—Possession of cocaine (Health & Saf. Code, § 11350, subd. (a)); Count Two— Using or being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)); and Count Three—Driving without a valid license (Veh. Code, § 12500, subd. (a)). In June 2011, defendant pleaded guilty to all three counts. The trial court deferred entry of judgment. In May 2012, after a failed drug test, the court terminated deferred entry of judgment, suspended imposition of sentence, and granted a two-year term of formal probation under Proposition 36. In January 2014, the court terminated…