People v. Spengler CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Defendant’s 2006 Drug Conviction

A. Plea and sentence In August 2006, and as pertinent here, defendant pled no contest to a single count of possession of methamphetamine as a felony (Health & Saf. Code, § 11377, subd. (a)).1 The trial court placed defendant on three years of probation pursuant to the then-existing “Proposition 36” drug rehabilitation program (Prop. 36, as approved by voters, Gen. Elec. (Nov. 7, 2000)). When defendant violated that probation (and committed a new crime), the trial court sentenced him to two years in prison. The court also imposed a $200 restitution fine (pursuant to Penal Code section 1202.4, subd. (b)),2 a $20 court security assessment (pursuant to Penal Code section 1465.8, subd. (a)(1)), and a $160

Defendant also entered a plea to a misdemeanor count of vandalism and admitted he had a prior prison term.

All further statutory references are to the Penal Code unless otherwise indicated.

2 lab fee (pursuant to Health and Safety Code section 11372.5, subd. (a)). The court imposed but stayed an additional $200 parole revocation fine (pursuant to Penal Code section 1202.45). B. Redesignation…