People v. Bennett CA2/1

BACKGROUND

1. Conviction and sentence On December 26, 2018, the People charged defendant with five counts of perjury. In an amended information, the People alleged that in 2003, defendant requested an identification card using an alias. The remaining counts allege the same conduct occurring in 2007 and three times in 2016. The People further alleged defendant suffered six prior convictions for possession of a controlled substance (Health & Saf. Code, § 11350), dating back to 1999. According to defendant, the perjury charges stemmed from her use of an alias to hide from an abuser. Defendant pleaded no contest to the charges. On her plea form, she indicated it was an open plea. On June 3, 2019, the trial court sentenced defendant to an aggregate term of six years. The court suspended execution of its sentence and placed defendant on three years’ formal probation. As a condition of probation, the court ordered her to serve 180 days in county jail. The court credited defendant for 180 days, consisting of 90 days actual presentence custody and 90 days good time credit. Among other conditions of probation, the court ordered defendant to complete a 120-day drug

3 treatment program,…