People v. Castillo CA6

Background On March 4, 2013, pursuant to a negotiated disposition, defendant pleaded no contest to one count of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and one count of resisting, delaying, and obstructing an officer (§ 148, subd. (a)(1)). The trial court suspended imposition of sentence and placed defendant on three years’ formal probation, conditioned on a term of eight months in county jail.

1 All further statutory references are to the Penal Code except as otherwise specified. Section 1170.18, part of the “Safe Neighborhoods and Schools Act,” was enacted by the voters on November 4, 2014 in passing Proposition 47. (Proposition 47, as approved by voters, Gen. Elec. (Nov. 4, 2014). An additional charge, possessing controlled substance paraphernalia, was dismissed, along with an enhancement allegation that she was out of custody on her own recognizance for burglary when she possessed the methamphetamine. On May 22, 2014, the court revoked probation. According to the probation officer, she had failed to report for a scheduled office appointment, she had tested positive for amphetamine in February, she had failed to pay victim restitution or the…