People v. Davis CA3

Filed 10/30/15 P. v. Davis CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C078456

Plaintiff and Respondent, (Super. Ct. No. CM035793)

v.

JOHN LINTON DAVIS,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. A complaint filed in Alameda County Superior Court in 2011 charged defendant John Linton Davis with failure to register as a sex offender. (Pen. Code, §§ 290.012, subd. (a)/290.018, subd. (b).)1 The complaint alleged that defendant had 10 prior convictions and had served six prior prison terms. (§ 667.5, subd. (b).) (Case No. CM035793.)

1 Undesignated statutory references are to the Penal Code.

1

Defendant entered a plea of no contest to failure to register in return for a promise of five years’ formal probation, including 90 days in county jail. In March 2012, the case was transferred to Butte County. Defendant’s probation was modified to conform to Butte County’s terms and conditions of probation. The trial court imposed fines and fees including a $200 restitution fine (§ 1202.4, subd. (b)) and a suspended $200 probation revocation restitution fee (§ 1202.44), a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment (Gov. Code, § 70373). In January 2013, a probation violation petition was filed, alleging that defendant had tested positive for methamphetamine. The petition was amended in February 2013 to add the allegation that defendant violated Health and Safety Code section 11350. (Case No. CM038010.) Defendant entered a plea admitting a misdemeanor violation of Health and Safety Code section 11375, subdivision (b)(2), with the original allegation to be dismissed with a Harvey2 waiver, and the violation of probation in case No. CM035793. In June 2013, the trial court reinstated probation in that case on the same terms and conditions, with the further condition that defendant enter and complete a residential substance abuse treatment program. The court also placed defendant on three years’ formal misdemeanor probation in case No. CM038010, including 60 days in county jail, and imposed a $140 restitution fine (§ 1202.4, subd. (b)), a $140 suspended probation revocation restitution fine (§ 1202.44), a $25 administration fee, a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment (Gov. Code, § 70373). In September 2014 a petition for violation of probation as to both cases was filed, alleging that defendant had tested positive for methamphetamine.