People v. Gagush CA3

BACKGROUND

During a jail contraband search, jail officials found defendant in possession of tramadol pills, marijuana and tobacco. Defendant initially lied about how he obtained the items but eventually admitted bringing the contraband into jail with him when he was

1 booked two days earlier. He ultimately pleaded no contest to possessing a controlled substance in jail (Pen. Code, § 4573.6, subd. (a)) in exchange for the dismissal with a Harvey1 waiver of prior prison term allegations. Defendant represented himself at sentencing. The trial court noted it had considered “quite a bit of material,” including the probation report, a letter from defendant, and a letter written in support of defendant. The trial court explained it was inclined to follow probation’s recommendation and impose the upper term. Defendant argued for the middle term, explaining his father was ill and he wished to return to him as soon as possible. Defendant also said he suffered from a drug addiction and he had enrolled at Butte College. He attributed his parole violations to Proposition 83. As to his current offense, he explained he had in fact agreed to hold the drugs for someone else, but added: “I…