People v. Reynolds CA4/3

Filed 3/12/14 P. v. Reynolds 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049088

v. (Super. Ct. No. R-01005)

TERI LYN REYNOLDS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, William R. Froeberg, Judge. Affirmed. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Teri Lyn Reynolds pleaded guilty to petty theft with a prior theft-related conviction. The trial court sentenced her to two years in prison, suspended execution of the sentence, and placed her on probation. She violated the terms of her probation and the court imposed the prison term. Upon her release in March 2012, defendant was placed on postrelease community supervision with the Orange County Probation Department for three years. (Pen. Code, § 3451, subd. (a).) Between May 2012 and May 2013, defendant received three 10-day flash incarcerations for a variety of missteps; failing to timely report to the probation department, failing to report for drug testing, falsifying a drug test, testing positive for drugs, and being arrested for possessing drug paraphernalia. (Pen. Code, § 3454, subd. (b).) In addition, the trial court imposed a 90-day term for violating the conditions of her community supervision because of positive drug tests and an arrest for possession of both a controlled substance and drug paraphernalia. (Pen. Code, § 3455, subd. (a)(1).) In August 2013, the probation department filed another petition alleging defendant violated the terms of her community supervision with four positive drug tests, plus two arrests for possession of drugs and drug paraphernalia, and shoplifting. Defendant denied the allegations and the trial court set the matter for a hearing. At the hearing the prosecutor focused on the failed drug tests. Randall Gosselin, defendant’s supervising probation officer, testified he conducted the drug tests by obtaining a buccal swab of defendant’s saliva, placing the swab in a plastic container, and mailing it to a toxicology lab in Santa Rosa, California. Gosselin received results from the lab by e-mail. Over a defense hearsay objection, the court allowed Gosselin to access the toxicology lab’s Web site, e-mail a copy of defendant’s test results to the clerk, who printed a copy that was admitted as an exhibit. The document states defendant had four positive tests for drugs between June 5 and July 9, 2013. The court found defendant violated the terms of her community supervision and reinstated it with the condition she serve 180 days in county jail.