People v. Been CA6

I. Background

In August 2011, defendant was charged by felony complaint with felony possession of ecstasy for sale, a violation of Health and Safety Code section 11378. In March 2012, defendant entered into a plea agreement. He agreed to plead no contest to felony possession of ecstasy, a violation of Health and Safety Code section 11377, in exchange for a grant of probation. As part of his plea agreement, he acknowledged that, as a result of his plea, “I cannot own, control, or have in my custody any firearm or ammunition for the rest of my life.” In April 2012, the court suspended imposition of sentence and placed defendant on probation for three years. At an April 2015 hearing, defendant admitted allegations that he had violated his probation multiple times in 2013. He also submitted a petition for resentencing or redesignation of his offense as a misdemeanor under section 1170.18. The prosecution stipulated that he was eligible for resentencing or redesignation. The court revoked defendant’s probation, sentenced him to a county jail sentence equal to his credit for time served, and redesignated his offense as a misdemeanor. His trial counsel interposed “an objection as to the…