People v. Newbolds CA1/5

Good Law
Court of Appeal of CaliforniaSeptember 24, 2021A160484California2,282 words

Opinion

Opinion

Needham, J.

I. FACTS AND PROCEDURAL HISTORY

A. Case Numbers 18-95477 & 19-30027 Appellant was arrested in August 2018 for having approximately 14 grams of methamphetamine on his person while in close proximity to a scale and a plastic bag. Based on these facts, and as relevant here, a complaint

1 was filed in case number 18-95477 alleging appellant possessed a controlled substance for purposes of sale. (Health & Saf. Code1, § 11378.) Appellant failed to appear at his preliminary hearing. Therefore in early January 2019, the Mendocino County District Attorney filed two complaints against appellant. The first was an amendment in case number 18-95477. It added an allegation that appellant had suffered one prior strike within the meaning of the Three Strikes law. (Pen. Code, §§ 1170.12, 667.) The second, in case number 19-30027, was a new action. As is relevant here, it alleged appellant failed to appear after being released on his own recognizance. (Pen. Code, § 1320, subd. (b).) Appellant pled no contest in both cases and the trial court sentenced him in February 2019. Pursuant to a global disposition, the court suspended the imposition of the sentence and placed appellant on probation for…

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