People v. Deaton CA3

Filed 10/18/13 P. v. Deaton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C073024

Plaintiff and Respondent, (Super. Ct. Nos. CRF1255 & CRF111393) v.

JEREMY LEE DEATON,

Defendant and Appellant.

Appointed counsel for defendant Jeremy Lee Deaton has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We affirm the judgment, but direct correction of the abstract. BACKGROUND On March 17, 2011, law enforcement found defendant in possession of a used syringe and two plastic baggies containing .8 grams of methamphetamine. Defendant

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pled no contest in Yolo County case No. CRF1113931 to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted having served two prior prison terms (Pen. Code,2 § 667.5). The trial court placed defendant on Proposition 36 probation pursuant to section 1210.1. On September 16, 2011, a petition for violation of probation was filed. Defendant admitted the violation of probation and probation was reinstated. On January 4, 2012, officers found defendant in possession of .68 grams of methamphetamine, a used syringe, and prescription medication. Defendant pled no contest in case No. CRF1255 to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted he had served a prior prison term (§ 667.5). He also admitted he had violated his probation in case No. CRF111393. Defendant was again placed on Proposition 36 probation. On August 24, 2012, a petition for violation of probation in both cases was filed alleging defendant had failed to report his change of address and his whereabouts were unknown. Probation was summarily revoked. An additional set of petitions for violation of probation were filed on September 28, 2012, alleging new felony violations for possession of a controlled substance and possession of paraphernalia (case No. CRF123798), and alleging defendant had been associating with narcotics users and in places where narcotics were being used in violation of the conditions of his probation. On November 26, 2012, the prosecutor dismissed case No. CRF123798 and defendant admitted violating his probation in case Nos. CRF111393 and CRF1255.