People v. Wright CA1/4

Filed 2/27/15 P. v. Wright CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, A140164 Plaintiff and Respondent, v. (Mendocino County TAYLOR LLOYD WRIGHT, Super. Ct. Nos. SCUKCRCR-11-17102 Defendant and Appellant. SCUKCRCR-11-18416 SCUKCRCR-12-21781)

I. INTRODUCTION Appellant Taylor Lloyd Wright claims the court abused its discretion in denying him probation and imposing a three-year prison term. He claims the court gave “undue weight” to appellant’s statements at the sentencing hearing. We conclude the trial court did not abuse its discretion. II. FACTS AND PROCEDURAL HISTORY Appellant has an extensive criminal history bearing on his request for probation. On April 22, 2011, the Mendocino County District Attorney filed a complaint (Case No. 11-17102) charging appellant with one count of transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). On May 11, 2011, appellant failed to appear in court and a bench warrant issued.

1

On August 11, 2011, the Mendocino County District Attorney filed a complaint (Case No. 11-18416) charging appellant with possession of a controlled substance for sale (Health & Saf. Code, § 11351) and transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)). The complaint alleged that at the time of the commission those offenses, appellant was released from custody on bail on his own recognizance in Case No. 11-17102. On June 4, 2012, the Mendocino County District Attorney filed a complaint (Case No. 12-21781) charging appellant with one count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). On June 26, 2012, appellant pleaded no contest to one count of transportation of marijuana in Case No. 11-17102, no contest to the lesser offense of possession of a controlled substance (Health & Saf. Code, § 11350) in Case No. 11-18416, and no contest to possession of a controlled substance in Case No. 12-21781. In accordance with his negotiated disposition, all remaining counts were dismissed and the court placed appellant on probation pursuant to Penal Code section 1210.1 (Proposition 36) in each case. On September 17, 2012, the probation officer alleged that appellant violated probation in the above cases by failing to appear for a scheduled court hearing on July 27, 2012. A bench warrant was issued, and appellant was arrested on the warrant in El Dorado County on September 15, 2012. On September 18, 2012, appellant admitted to violating probation, and probation was reinstated. On January 24, 2013, the probation officer filed a second petition to revoke probation on the grounds that appellant failed to appear for four scheduled appointments at the probation department; failed to provide a current address; was arrested for possession of a controlled substance, drug paraphernalia, and more than 28.5 grams of marijuana; failed to contact Alcohol and Other Drug Programs (AODP); and failed to complete any of his required community service hours. On January 25, 2013, the court summarily revoked probation.