People v. Dew CA3

Filed 1/22/16 P. v. Dew CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE,

Plaintiff and Respondent, C078372

v. (Super. Ct. Nos. P13CRF0315, P13CRF0390, P13CRF0450, CLINTON CARL DEW, P14CRF0285)

Defendant and Appellant.

Pursuant to separate plea bargains, defendant Clinton Carl Dew pleaded guilty or no contest to various charges in three separate criminal cases between July 2011 and October 2013. In each case the trial court granted probation. Defendant subsequently pleaded no contest in a fourth separate criminal case and also admitted violating probation in the three prior cases. The trial court denied defendant’s request for a “split sentence” -- a period of confinement followed by a period of mandatory supervision (Pen. Code, § 1170, subd. (h)(5))1 -- and sentenced him to a total of eight years four months in county jail. Defendant now contends the trial court abused its discretion in denying defendant’s request for a split sentence. Disagreeing, we will affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND In case No. P13CRF0315, defendant pleaded no contest to sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)) and possession for sale of a controlled substance (Health & Saf. Code, § 11351). The trial court suspended imposition of sentence and placed defendant on probation for 36 months with various terms and conditions, including 180 days in jail. In a separate case, No. P13CRF0450, defendant pleaded no contest to receiving stolen property (§ 496, subd. (a)). The remaining charges -- theft from an elder or dependent adult (§ 368, subd. (d)) and grand theft of personal property (§ 487, subd. (a)) -- were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) The trial court suspended imposition of sentence and placed defendant on probation for 36 months with various terms and conditions, including 180 days in jail. Defendant waived his right to appeal. In case No. P13CRF0390, defendant pleaded no contest to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and a count was dismissed alleging possession of drug paraphernalia (Health & Saf. Code, § 11364.1, subd. (a)). The trial court suspended imposition of sentence and placed defendant on probation for 36 months with various terms and conditions, including that he complete Proposition 36 drug treatment. Defendant successfully completed a voluntary electronic monitoring program, but he otherwise repeatedly violated probation in all three cases. Defendant did not report to jail, did not obey all laws, and did not comply with the terms of his Proposition 36 probation drug program. He provided a diluted urine sample, did not abstain from drugs, and failed to report to the probation officer or submit to testing. In addition, two hearings were missed because defendant made bomb threats against the courthouse. And acting on defendant’s direction, his girlfriend made another bomb threat.