People v. Vargas CA6

Filed 10/5/15 P. v. Vargas CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041848 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. 213738, C1482392)

v.

JUAN JOSE VARGAS,

Defendant and Appellant.

In case No. 213738, the county probation department filed a petition for revocation of community supervision in February 2014, alleging that defendant failed to maintain contact with the probation department and failed to report to the probation department as directed. According to the petition, defendant was originally convicted in 2013 for violating Penal Code sections 496d and 594, subdivisions (a) and (b)(1),1 was sentenced to two years in prison, and was released in January 2014 on post-release community supervision (PRCS). On March 24, 2014, defendant admitted that he violated PRCS. The trial court reinstated PRCS with modified terms to include 30 days in jail, with 16 days credit. The court set a review hearing for April 22, 2014.

1 All further statutory references are to the Penal Code unless otherwise indicated.

Defendant did not appear at the April 22, 2014 review hearing, and PRCS was summarily revoked. On October 20, 2014, defendant admitted that he violated PRCS. The trial court reinstated PRCS with modified terms to include 180 days in jail, with 180 days credit. In the meantime, in June 2014, defendant was charged by information in case No. C1482392 with child endangerment (§ 273a, subd. (a)) and misdemeanor being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). The offenses allegedly took place on or about May 1, 2014. The information further alleged that defendant had a prior strike (§§ 667, subds. (b)-(i), 1170.12), and that he had served two prior prison terms (§ 667.5, subd. (b)). The information was later amended to charge count 1, child endangerment (§ 273a, subd. (a)), as a misdemeanor. Defendant pleaded no contest to the amended count and to the count for being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). Defendant entered his pleas with the understanding that he would be placed on probation for four years with various terms and conditions, including that he serve 10 months in jail. According to the probation officer’s report, which was based on a police report, defendant was at a park on May 1, 2014, with a two-year-old child. A witness reported that defendant appeared to be under the influence of something and was not paying attention to the child. The witness later observed defendant in the bathroom completely naked in front of a sink. The witness reported the incident to the facility staff. A staff member heard defendant slamming and hitting something and cursing. The staff member called the police. The police spoke with defendant, who appeared to be under the influence of a stimulant. Defendant stated that he was homeless and that he used the restroom to wash up. He also stated that he and the child had slept on a relative’s driveway the previous night, but he could not tell the officers the name or location of the relative. Defendant appeared confused and had difficulty speaking. He could not tell the