People v. Jones CA2/2

Filed 1/26/15 P. v. Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B254808

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA411603) v.

TANGIE LAQUETTA JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Ronald H. Rose, Judge. Affirmed.

Michelle T. Livecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________________________

Defendant Tangie Laquetta Jones appeals from the order revoking her probation. The trial court sentenced defendant to a total of four years in state prison for her conviction of one count of possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). The sentence consisted of the upper term of three years and an additional year for defendant’s prior prison term within the meaning of Penal Code section 667.5, subdivision (b).1 Defendant appeals on the grounds that the evidence admitted at the probation revocation hearing was inadmissible hearsay, she was denied her right to confront adverse witnesses at the hearing, and insufficient evidence was presented at the hearing to show that she violated her probation and that revocation was warranted. FACTUAL AND PROCEDURAL HISTORY On September 6, 2013, after the trial court denied defendant’s motion to suppress evidence, defendant pleaded “no contest” to one count of possession of a controlled substance. (Health & Saf. Code, § 11377, subd. (a).)2 For the purpose of housing only, defendant admitted a 2005 strike conviction. She also admitted having suffered a prior prison sentence within the meaning of section 667.5, subdivision (b). In accordance with defendant’s plea bargain, the court imposed a suspended sentence of four years and granted defendant probation for three years under terms and conditions, which included enrolling in a one-year residential treatment program. Defendant appealed the denial of her suppression motion, and this court affirmed. While her appeal was pending, on September 27, 2013, defendant’s probation was revoked, and defendant admitted a violation of probation. The trial court reinstated probation on the same terms and conditions with additional jail time and the requirement