People v. Soliz CA3

Filed 3/5/25 P. v. Soliz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C099917

Plaintiff and Respondent, (Super. Ct. Nos. 21CR000151, 21CR003251, 22CR000899) v.

RUBEN SOLIZ,

Defendant and Appellant.

After defendant Ruben Soliz violated his probation in three separate cases, the trial court sentenced him to an aggregate term of three years, four months. He now contends the court abused its discretion by not permitting him to seek residential treatment for drug addiction and by imposing the middle term. Finding no merit to these contentions, we affirm.

FACTS AND HISTORY OF THE PROCEEDINGS On January 30, 2021, defendant was stopped for a traffic violation. After defendant admitted to having a methamphetamine smoking pipe, the police officer found a bag containing methamphetamine. The People charged him in case No. 21CR000151

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(No. 151) with possession of methamphetamine (Health & Saf. Code, § 11377) (statutory section citations that follow are found in the Health and Safety Code unless otherwise set forth) and possession of an opium pipe (§ 11364). Defendant pleaded guilty to the possession charge. In December 2021, the People charged defendant in case No. 21CR003251 (No. 251) with possession of methamphetamine (§ 11377, subd. (a)) and possession of an ingestion device (§ 11364, subd. (a)). Defendant pleaded guilty to the possession charge. The trial court placed defendant on drug treatment probation pursuant to Proposition 36 in both cases. In April 2022, the People charged defendant in case No. 22CR000899 (No. 899) with possession of methamphetamine (§ 11377, subd. (a)) and possession of a smoking device. (§ 11364, subd. (a)). Defendant again pleaded guilty to the possession charge. Defendant admitted to violating probation in case No. 151 and case No. 251 based on possession of a controlled substance. The trial court placed defendant on probation in case No. 899 and reinstated probation in case No. 151 and case No. 251. In April 2023, the probation department filed probation violation notices in all three cases asserting that defendant tested positive for methamphetamine on several occasions and signed a drug use admission stating that he used methamphetamine. Defendant admitted the violations. The supplemental probation report described defendant’s behavior on probation as “poor.” The report further stated: “Overall, the defendant has not remained sober while under supervision. The defendant has participated in multiple out-patient programs with little success. The defendant has had numerous chances and has been given sanctions for his drug use. Although the defendant has maintained communication with probation and has stable employment, it does not outweigh his continued substance use.” The report detailed defendant’s lengthy criminal history, which included a total of six felony convictions and three misdemeanor convictions.