People v. Rodriguez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The underlying facts are unnecessary to resolve this appeal. While on felony probation for possessing methamphetamine with intent to sell (Health & Saf. Code,

1 § 11378), defendant was convicted of indecent exposure. (Pen. Code, § 314.1.) Defense counsel informed the trial court the parties agreed defendant would serve the low term of 16 months on his drug conviction in connection with his violation of probation. He would also be sentenced to time served for the indecent exposure conviction. In exchange, two additional pending petitions for revocation of probation based on other alleged offenses would be dismissed. The court sustained the petition for revocation, dismissed the remaining petitions, imposed the probation revocation fine of $300, and sentenced defendant according to the agreement. The minute order stated: “The petition having been sustained, defendant waives referral to the probation department for report and recommendation, and requests immediate sentencing.” Defendant did not personally admit the probation violation or expressly waive a revocation hearing. He timely appealed with a certificate of probable…