People v. Farr CA4/3

Filed 1/8/14 P. v. Farr CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048121

v. (Super. Ct. No. R-00961)

CHARLES EVANS FARR, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.

After a hearing, the trial court found Charles Evans Farr in violation of probation and sentenced him to serve 180 days in jail as provided for under the Criminal Justice Realignment Act of 2011 (Pen. Code, § 1170, subd. (h))1 and Postrelease Community Supervision Act of 2011 (PRCS) (§ 3450 et seq.). He argues the trial court abused its discretion by imposing the maximum term allowable under section 3455, subdivision (d). We disagree and affirm the judgment. FACTS In July 2008, Farr pled guilty to three felonies, evading a police officer (Veh. Code, § 2800.2), buying or receiving a stolen vehicle or vessel (§ 496d, subd. (a)), and receiving stolen property (§ 496, subd. (b).). The trial court sentenced him to four years in prison. In June 2012, Farr was released from prison and placed on PRCS. In November, the probation department petitioned for revocation of Farr’s PRCS. An attachment submitted in support of the petition alleged Farr stopped reporting to the probation department, Farr failed to provide a current address or make himself available for drug testing, and had been arrested for being under the influence of a controlled substance. Farr admitted the alleged violations on November 14, 2012, and the trial court ordered him committed to jail for 90 days. In January 2013, the probation department filed a second petition for revocation of Farr’s PRCS. The petition alleged Farr quit reporting to the probation department, failed to seek drug treatment as directed, failed to appear for drug testing, and possessed .10 of a gram of methamphetamine. Following a contested hearing, the trial court found Farr in violation of PRCS and ordered him committed to jail for 180 days.