People v. Stevenson CA4/3

Filed 2/11/15 P. v. Stevenson 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049324

v. (Super. Ct. No. 13NF0549)

DEMETRIUS STEVENSON, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Edward W. Hall, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed as modified. Kenneth J. Sargoy, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and Brendon W. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

The superior court revoked defendant Demetrius Stevenson’s grant of probation and sentenced him to state prison. He contends the trial court erred by admitting hearsay evidence at his probation violation hearing. We find any error harmless given the alleged hearsay went to but one of three or four grounds for revoking his probation. Defendant also contends the court erred in awarding presentence credits. The Attorney General agrees. We affirm the judgment and order the abstract of judgment modified to reflect defendant’s proper presentence credits. I FACTS AND PROCEDURAL SETTING On February 13, 2013, defendant pled guilty to possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of a hypodermic needle, a misdemeanor (Health & Saf. Code, § 11364, subd. (a)), and admitted he served two prior separate terms in state prison (Pen. Code, § 667.5, subd. (b)). The court placed defendant on three years of formal probation, ordered him to complete a drug treatment program pursuant to Penal Code section 1210, and ordered him to appear in court on March 15, 2013, to review his progress on probation. Defendant did not appear in court as ordered. The court revoked his probation and issued a bench warrant for defendant’s arrest. Defendant appeared in court on May 6, 2013. He admitted he violated his probation by failing to appear in court on March 15, 2013, as ordered by the court, and by failing to report to the probation department. The court reinstated probation and ordered defendant to show proof of having completed a nine-month drug treatment program in Victor Valley Rescue Mission on January 8, 2014. On July 1, 2013, the probation department filed a petition for another probation violation. The petition alleged defendant had been terminated from the treatment program after he left the program, and he had failed to report to the probation