People v. Jackson CA3

Filed 1/8/16 P. v. Jackson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C078294

Plaintiff and Respondent, (Super. Ct. No. CRF14098)

v.

LUKE MATTHEW JACKSON, JR.

Defendant and Appellant.

Defendant Luke Matthew Jackson, Jr., admitted violating the terms of his mandatory supervision in exchange for the People dismissing a pending charge and referring the matter to the Yuba County Probation Department for a recommendation on sentencing. Despite an initial indication from the trial court that it would follow probation’s recommendation of reinstatement of supervision, the trial court ultimately revoked supervision and imposed defendant’s previously suspended jail sentence of 1,260 days.

1

Defendant appeals, arguing that the trial court’s indication that it would follow probation’s recommendation was a term of the plea agreement and the subsequent breach of that term entitles him to specific performance of the agreement on appeal. Defendant also contends the trial court erred in revoking his mandatory supervision without obtaining a written supplemental probation report. Lastly, defendant argues the court’s decision to revoke his mandatory supervision amounted to an abuse of discretion. Finding no merit in these arguments, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On May 7, 2014, defendant pled no contest to transportation of methamphetamine and admitted a prior drug crime conviction in exchange for the dismissal of his remaining charge with a Harvey1 waiver. The trial court imposed a split sentence of four years, with defendant serving 180 days in jail and the balance on mandatory supervision. Under the terms of his mandatory supervision, defendant was required to obey all laws; participate in, and successfully complete, a treatment and educational program; submit to drug testing as required by his probation officer; and abstain from using controlled substances. On November 10, 2014, the probation officer filed a petition seeking the revocation of defendant’s mandatory supervision. The petition alleged defendant committed six violations of the terms of his supervision: testing positive for marijuana on August 28, 2014; testing positive for amphetamines and opiates on September 11, 2014; failing to report for drug testing on five occasions; being terminated from the probation department’s day reporting center for excessive unexcused absences; and transportation and possession of marijuana on November 2, 2014.