People v. Razo CA3

Filed 7/19/16 P. v. Razo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079557

Plaintiff and Respondent, (Super. Ct. No. CRF14631)

v.

VICKY RAZO,

Defendant and Appellant.

As part of a plea agreement, defendant Vicky Razo was given one attempt at completing a six-month residential treatment program. We are called to determine if she failed in that attempt by testing positive for drugs, while on the wait list for a rehabilitation program. We conclude she has and affirm the judgment.

FACTS AND PROCEEDINGS Defendant pleaded no contest to unlawfully possessing marijuana for sale (Health & Saf. Code, § 11359) and admitted a prior strike. In exchange, she was allowed one

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attempt at completing a six-month or longer residential treatment program. The agreement was that, if successful, her strike would be stricken for purposes of this offense and she would be granted probation. If she was not successful in completing a program, she could be sentenced to up to six years in state prison. The agreement provided in pertinent part: “I understand and agree to the terms listed below as part of this plea bargain agreement: [¶] . . . [¶] “3. Judgement [sic] and sentencing will be continued to a date in the future so that I may participate in a residential rehabilitation treatment program of at least six (6) months in duration. “4. I will only be allowed one (1) attempt at completing the residential rehabilitation program of at least six (6) months in duration. “5. If I am removed from the program for any reason prior to its completion or if I leave the program for any reason prior to completion then my case will be scheduled for judgement [sic] and sentencing and I could receive up to 6 years in state prison. “6. If I successfully complete a residential treatment program of at least six (6) months in duration, my strike will be stricken and my plea will be conditioned on ‘no immediate state prison.’ ” The agreement did not address missed court appearance nor did it include a requirement to obey all laws. And neither the plea agreement nor the trial court admonished defendant, under Penal Code section 1192.5, that the court’s approval is not binding, and if the court withdraws its approval, defendant may withdraw her plea. A month after her plea, defendant was on the wait list for a rehabilitation program. The court granted her another 30 days to enter the program and ordered her to appear after the 30 days, unless she was in a program. A month later, defendant was still on the wait list. The court ordered a drug test and ordered defendant to appear for a review hearing in three weeks.