People v. Smith CA2/7

Filed 3/26/14 P. v. Smith CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B249919

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA364392) v.

TONY LAMONT SMITH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lance A. Ito, Judge. Affirmed. Christine Dubois, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Tony Lamont Smith appeals from a post-judgment order revoking his probation and sentencing him to state prison. In 2009 Smith was charged in an information with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1), count 1)1 and possession of marijuana for sale (Health & Saf. Code, § 11359, count 2), with special allegations he had suffered one prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had served five prior separate prison terms for felonies (§ 667.5, subd. (b)). Smith pleaded not guilty to the charges and denied the special allegations. On January 4, 2011 Smith waived his constitutional rights to a trial and entered a plea of no contest to possession of marijuana for sale as charged in count 2. In accordance with the negotiated agreement, the trial court suspended imposition of sentence and placed Smith on three years of probation on condition he serve 236 days in county jail, with credit for time served, and, among other conditions, that he obey all laws and court orders. The remaining count was dismissed on the People’s motion. On January 14, 2011 the trial court granted the People’s request to summarily revoke Smith’s probation after Smith was charged in a felony complaint with unlawful possession of a handgun and ammunition. In March 2011 Smith admitted he had violated his probation and waived his presentence custody credits. The trial court reinstated probation subject to the modified condition that Smith serve an additional 365 days in county jail. The felony complaint was dismissed on the People’s motion. On May 7, 2012 Smith’s probation was revoked for failure to register as a narcotics offender but then reinstated on the same terms and conditions after Smith showed proof he had registered as a narcotics offender by the time of the hearing. In May 2013 the trial court summarily revoked Smith’s probation and scheduled a contested probation violation hearing following Smith’s arrest for lewd and lascivious acts upon a child under 14 years of age (§ 288, subd. (a)). The court granted Smith’s