People v. Taylor CA1/1

Filed 6/29/16 P. v. Taylor CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A144483 v. DIEGO JESUS TAYLOR, (Marin County Super. Ct. No. SC191797A) Defendant and Appellant.

Defendant Diego Jesus Taylor appeals from an order imposing 180 days of county jail time for a drug-related violation of postrelease community supervision (PRCS). He also asserts the trial court failed to properly account for all of his custody credits. We affirm the jail sentence, but remand for the accurate calculation of defendant’s credits. I. BACKGROUND In October 2011, defendant pleaded guilty to one count of possession of a firearm by a felon (Pen. Code,1 former § 12021, subd. (a)(1)) and two counts of possession for sale of a controlled substance (Health & Saf. Code, §§ 11351, 11378). He was sentenced to state prison for a determinate term of four years four months. In August 2013, defendant was released from prison on PRCS. While on PRCS, defendant struggled to abstain from illegal drug use. On May 2 and 9, 2014, defendant tested positive for amphetamines and methamphetamine. Probation directed defendant to report to the Helen Vine Detox Center (Helen Vine) for

1 All statutory references are to the Penal Code unless otherwise specified.

72 hours, which he did on May 9. On May 30 and June 2, 2014, defendant again tested positive for drugs. His tests were clean on June 9 and 16, but on July14 he admitted to using methamphetamine to his probation officer. Probation once again directed defendant to report to Helen Vine for 72 hours. On July 21, defendant tested positive for amphetamine and methamphetamine. Between July 23 and July 28, defendant was placed in flash incarceration. Upon his release, defendant reported to Marin Services for Men, a residential sober living environment. On August 8, 19, and 26, defendant tested positive for marijuana. As a result of the marijuana use, defendant was ordered to report to Helen Vine for 72 hours. Defendant relapsed and tested positive for marijuana on September 9 and 10. On December 19 and 22, defendant tested positive for amphetamine and methamphetamine. On December 22, defendant told his probation officer his mother had passed away that day. Defendant was told to check in with probation on December 24, but he failed to do so. Defendant’s probation officer contacted defendant on December 29, and told him to report to probation on the following day. Defendant told the officer he would be unable to return to Marin County until January 5, 2015, because he was handling funeral arrangements for his mother in Sacramento. Defendant failed to report to probation on January 5, and a bench warrant was issued for his arrest. Defendant talked with his probation officer by phone on January 12, stating he did not feel he had done anything wrong and would not go to residential drug treatment. On January 20, defendant reported to his probation officer, was placed under arrest, and tested for drugs. The test came back positive for amphetamine and methamphetamine. The following day, January 21, probation filed a petition for revocation of defendant’s PCRS. On February 23, the court heard testimony from various witnesses and then rendered its decision. The court found defendant was not amenable to drug treatment, refused drug treatment, and was dangerous and presented a risk to society based on his ongoing drug use and the nature of his most recent conviction. The court sustained the petition, revoked defendant’s PRCS, and imposed a custodial sanction of 180 days.