People v. Ortiz CA4/1

Filed 3/2/16 P. v. Ortiz CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068252

Plaintiff and Respondent,

v. (Super. Ct. No. SCD256078)

DARIAN MONIQUE ORTIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Jay

Bloom, Judge. Affirmed in part, reversed in part, and remanded with directions.

Sarita Ordonez, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, for Plaintiff and Respondent.

In September 2014, Darian Monique Ortiz pleaded guilty to possession or

purchase of cocaine base for sale. (Health & Saf. Code, § 11351.5.) The court sentenced

her concurrently in this case and People v. Ortiz (Super. Ct. S.D. County, 2014, No.

SCD255607) and placed her on three years formal probation on condition she spend 365

days in local custody. Ortiz violated the terms of her probation by not participating in a

program at a transitional living center.

In February 2015, Ortiz was arrested, gave police a false name, and destroyed two