People v. Bazaluda CA6

Filed 5/26/16 P. v. Bazaluda CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H042046 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS141136)

v.

JESUS BAZALUDA,

Defendant and Appellant.

Defendant Jesus Bazaldua appeals from an order reinstating probation. On appeal, defendant contends that the trial court erred in imposing gang-related probation conditions that were not imposed with the original grant of probation. As set forth below, we affirm. STATEMENT OF THE CASE An information, filed on May 19, 2014, charged defendant with the following offenses: furnishing marijuana to a minor over the age of 14 (Health and Saf. Code, § 11361, subd. (b); count 1), possession of marijuana for sale (Health and Saf. Code, § 11359; count 2), possession of heroin (Health and Saf. Code, § 11350, subd. (a); count 3), and possession of controlled substance paraphernalia (former Health and Saf. Code, § 11364.1, subd. (a); count 4). On June 18, 2014, defendant pleaded no contest to count 1, furnishing marijuana to a minor over the age of 14 (Health and Saf. Code, § 11361, subd. (b)). At the

sentencing hearing on July 25, 2014, the trial court suspended imposition of sentence and placed defendant on probation for a period of three years. On the motion of the prosecutor, the remaining charges in the information were dismissed. On January 12, 2015, the district attorney filed a notice of violation of probation, which alleged that defendant violated the terms of his probation by using illegal drugs and possessing drug paraphernalia. Defendant admitted the probation violation on January 23, 2015. At a hearing on March 4, 2015, the trial court revoked defendant’s probation. The trial court reinstated probation on the original terms and conditions, but with the addition of gang-related conditions. Pursuant to the gang-related probation conditions, defendant is prohibited from associating with gang members, visiting or remaining in areas where gangs gather, possessing or wearing items affiliated with a gang, and attending criminal court proceedings where gang members are present. Defendant now appeals from the order reinstating probation. STATEMENT OF THE FACTS1 The Underlying Offense On the afternoon of May 6, 2014, defendant attempted to sell marijuana to students at Monterey High School. Students reported defendant’s conduct. A police officer searched defendant and found marijuana, heroin, and drug paraphernalia in defendant’s shorts. Officers found $740, a scale, and more drug paraphernalia in defendant’s car. After he was arrested, defendant told an officer that he was a heroin addict. Defendant said that he attempted to sell the marijuana in order to support his family and his drug habit.