People v. Hattan CA6

I. BACKGROUND

Defendant pleaded no contest in 2017 to possessing methamphetamine for sale (Health & Saf. Code § 11378) and admitted a prior controlled substance conviction (Health & Saf. Code § 11370.2, subd. (c)). Under a negotiated disposition, defendant was to be granted probation for three years with execution of a five-year prison term suspended (three years for the substantive offense and a consecutive two years for the prior conviction enhancement). Before defendant entered his plea, the trial court warned him, “And I want you to be clear, if you have any violation, any violation whatsoever, it is likely you will go to state prison. Very, very, very likely. Do you understand that?” The court further advised, “If you violate probation, you can expect to be sentenced [sic] to state prison for a period of five years on the first violation.” When defendant appeared for sentencing, consistent with the negotiated disposition he was granted probation with execution of a five-year prison term suspended. The trial court commented: “I do what I say and I say what I mean. If you violate, I’m sending you to state prison. It’s not even a close call.” About a year and a half later,…