People v. Wilkinson CA2/8

Filed 6/10/15 P. v. Wilkinson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B258264

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. SA074471, SA076443) v.

DAVID WILKINSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mark E. Windham, Judge. Affirmed.

Sarah Ann Stockwell, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant David Wilkinson was charged with one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), as well as having served two prior prison terms and having nine prior felony convictions (Pen. Code, §§ 667.5, subd. (b), 1203, subd. (e)(4)) (the 2010 case No. SA074471). On June 29, 2010, defendant entered a no contest plea, admitting the charged felony and two prior prison term enhancements. Defendant was sentenced to five years in state prison, consisting of the upper term of three years for the drug possession, and two years for the prison priors. The court suspended the execution of sentence and placed defendant on three years formal probation, on the condition that he participate in a 180-day residential treatment program, among other conditions. Defendant violated the terms of his probation three times, and his probation was revoked and reinstated each time. The trial court also extended defendant’s probation by 12 months. On January 13, 2011, defendant was charged with a new count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), as well as having served two prior prison terms and having 10 prior felony convictions (Pen. Code, §§ 667.5, subd. (b), 1203, subd. (e)(4)) (the 2011 case No. SA076443). On February 15, 2011, defendant entered a no contest plea and admitted one prison prior. On August 22, 2011, the trial court sentenced defendant to four years in state prison, consisting of the upper term of three years for the drug possession and one year for the enhancement. Once again, execution of sentence was suspended and defendant again was placed on three years formal probation. Defendant twice violated the terms of probation, and twice his probation was revoked and reinstated. Defendant picked up another case, SA087288 (which is not at issue in this appeal). On July 30, 2014, the trial court conducted a preliminary hearing in the new case, a probation violation hearing for the 2010 and 2011 cases, and heard and denied defendant’s Marsden1 motion concerning his representation in the 2010 and 2011 cases. The trial court provisionally found defendant to be in violation of his probation, but put the matter over so