People v. Pierce CA4/1

FACTS AND PROCEDURE

In July 2014, Pierce pled guilty to arson of property. (Pen. Code, § 451, subd.

(d).) In September 2014, the court suspended sentence, and placed Pierce on three years'

formal probation, subject to serving 270 days in county jail, with credit for 256 days.

Six months later, in March 2015, Pierce admitted she violated several probation

conditions, including that she tested positive for methamphetamine and failed to enroll in

treatment programs. After a hearing, the court reinstated her probation on the same

terms. At a hearing held in May 2015, the court emphasized the importance of Pierce

complying with the probation conditions.

At a December 2015 hearing, Pierce again admitted violating probation conditions

and waived a hearing on the probation violations. The court then considered the

appropriate disposition. The court stated it had reviewed supporting letters, the probation

report identifying the probation violations and recommending a three-year upper term,

and Pierce's prior history of unsuccessful probation. Based on its consideration of these

2 materials, the court revoked probation and sentenced Pierce to the midterm of two…