People v. Orosco CA3

Filed 4/23/15 P. v. Orosco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C074892

Plaintiff and Respondent, (Super. Ct. Nos. 07F6420, 09F7508) v.

ROY OROSCO,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we find the trial court erred in calculating defendant’s presentence custody credits under Penal Code section 4019.1 We

1 Undesignated statutory references are to the Penal Code.

1

provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) BACKGROUND On June 28, 2007, officers from the Anderson Police Department stopped a vehicle for having a broken taillight. The officers spoke to defendant, who was a passenger in the vehicle. Initially, defendant gave them a false name, but after learning his true name, the officers discovered there was a parole warrant for defendant’s arrest. They searched the vehicle and found 0.8 gram of methamphetamine, two pipes for smoking methamphetamine, and 4.6 grams of marijuana. Defendant admitted the methamphetamine was his and he had also used the pipes. On August 1, 2007, in Shasta County Superior Court case No. 07F6420, defendant was charged with multiple criminal offenses, and on March 17, 2008, he pleaded guilty to one count of felony transportation of methamphetamine. The trial court suspended imposition of sentence and granted defendant probation, ordering him to complete the Proposition 36 drug program. On August 1, 2008, the probation department filed a petition to revoke defendant’s probation. Defendant admitted violating his probation after he tested positive for methamphetamine. The trial court revoked and reinstated his probation on the original terms and conditions, including reinstatement in the Proposition 36 drug program. On October 6, 2009, at 12:44 a.m., Redding Police Department officers stopped a car that defendant was driving; the vehicle’s registration was expired and the license plate bore improper registration tags. The officers learned defendant was on probation and searched his vehicle. Inside the vehicle they found 0.4 gram of methamphetamine. The People charged defendant in Shasta County Superior Court case No. 09F7508 with felony possession of methamphetamine and driving with a suspended license. On October 20, 2009, defendant pleaded guilty in case No. 09F7508 to felony possession of methamphetamine.