People v. Heath CA1/2

BACKGROUND

In March 2012, the Contra Costa County District Attorney charged Heath in a felony complaint with receiving stolen property (Pen. Code, § 496, subd. (a)1), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and possession of dihydrocodeinone (id., § 11350, subd. (a)). Heath was alleged to have suffered a prior

1 All statutory references herein are to the Penal Code unless otherwise stated. 1 strike offense (§§ 667, subds. (b)–(i), 1170.12) and a prior serious and violent felony (§ 1170, subds. (f), (h)(3)(A)), and to be probation ineligible (§ 1203, subd. (e)(4)). In October 2012, Heath pleaded no contest to receiving stolen property. The court accepted his plea, dismissed the remaining counts, ordered Heath to serve time in county jail that was deemed to have been completed at the time of sentencing, and placed him on formal probation subject to certain terms and conditions. Subsequently, in February 2013, the court ruled on whether Heath should pay the victim restitution. The court considered the county probation department’s restitution supplemental report, which stated the victim claimed the total value of the property missing and damaged from…