People v. Polk CA2/6

Filed 5/20/14 P. v. Polk CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B251239 (Super. Ct. Nos. F471008, F489802) Plaintiff and Respondent, (San Luis Obispo County)

v.

PAULINE UNGUREAN POLK,

Defendant and Appellant.

Pauline Ungurean Polk appeals a judgment entered after a nolo contendere plea to possession of cocaine, possession of methamphetamine, possession of concentrated cannabis, and misdemeanor possession of drug paraphernalia, with a finding that she served a prior prison term. (San Luis Obispo County Case No. F471008; Health & Saf. Code, §§ 11350, subd. (a), 11377, subd. (a), 11357, subd. (a), 11364.1; Pen. Code, § 667.5, subd. (b).)1 We modify the judgment to reflect a $240 restitution fine, remove the stay regarding the $240 probation revocation restitution fine, and impose a suspended $240 mandatory supervision restitution fine, but otherwise affirm. (§§ 1202.4, subd. (b), 1202.44, 1202.45, subd. (b).)

1 All further statutory references are to the Penal Code unless stated otherwise.

Polk also appeals a judgment entered after a nolo contendere plea to possession of methamphetamine. (San Luis Obispo County Case No. F489802; Health & Saf. Code, § 11377, subd. (a).) We affirm. FACTS AND PROCEDURAL HISTORY Case No. F471008 On February 16, 2012, San Luis Obispo County Sheriff's Deputy Cory Pierce arrested Polk for possession of drugs and drug paraphernalia. On May 15, 2012, Polk waived her constitutional rights and pleaded nolo contendere to possession of cocaine, possession of methamphetamine, possession of concentrated cannabis, and misdemeanor possession of drug paraphernalia. (Health & Saf. Code, §§ 11350, subd. (a), 11377, subd. (a), 11357, subd. (a), 11364.1.) Polk also admitted that she served a prior prison term. (§ 667.5, subd. (b).) The trial court suspended imposition of sentence and granted Polk three years of formal probation with terms and conditions that included 180 days confinement in county jail. The court imposed a $1,000 drug fine, a $240 restitution fine, and a $240 probation revocation restitution fine (stayed). (Health & Saf. Code, 11350, subd. (d)(1); §§ 1202.4, subd. (b), 1202.44.) On December 6, 2012, and again on April 8, 2013, Polk admitted violating the terms of her probation. In each instance, the trial court revoked and then reinstated probation, but with additional terms. Case No. F489802 On June 17, 2013, the San Luis Obispo County prosecutor filed an information charging Polk with possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) On July 2, 2013, Polk waived her constitutional rights and right to a preliminary examination and pleaded nolo contendere to possession of methamphetamine. She also admitted violating her probation in case No. F471008. Sentencing Pursuant to a stipulated disposition, the trial court revoked probation and imposed a hybrid sentence of five years four months pursuant to section 1170,