People v. Gutierrez CA2/2

BACKGROUND

In July 2000, an information was filed charging defendant with possession of the ingredients to make a destructive device (§ 12312; count 1); possession for sale of a controlled substance (Health & Saf. Code, § 11351; count 2); and possession of marijuana for sale (Health & Saf. Code, § 11359; count 3). Pursuant to a plea agreement, defendant pleaded no contest to the count 2 offense, and counts 1 and 3 were dismissed. The trial court sentenced defendant to the two-year low term, suspended execution of sentence, and placed him on formal probation for three years. On December 17, 2004, an outstanding bench warrant for defendant was recalled. After finding him in violation of his probation, the trial court revoked his probation and imposed the previously suspended two-year sentence to run concurrently with any sentence he was currently serving.

“The initiative: added Government Code chapter 33 of division 7 of title 1 (§ 7599 et seq., the Safe Neighborhoods and Schools Fund); added sections 459.5, 490.2 and 1170.18 to the Penal Code; amended sections 473, 476a, 496 and 666 of the Penal Code; and amended Health and Safety Code sections 11350, 11357 and 11377. (Voter…