People v. Bean CA1/4

Filed 9/22/16 P. v. Bean CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A143350 v. ERNEST T. BEAN, JR. (Solano County Super. Ct. No. FCR297725) Defendant and Appellant.

Defendant Ernest T. Bean, Jr. was granted probation after he pleaded no contest to possession of methamphetamine and admitted a prior prison commitment. He violated his probation numerous times, resulting in his probation being revoked and reinstated three times. Following the fourth revocation of probation, the trial court did not reinstate probation, but sentenced him to three years and six months in the county jail pursuant to Penal Code1 section 1170, subdivision (h).2 This appeal followed. Appointed counsel for defendant asked this court to review the record independently to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436

1 All further undesignated statutory references are to the Penal Code. 2 Section 1170, subdivision (h)(1) provides that “a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.”

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(Wende)). Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. BACKGROUND In January 2013, defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior prison commitment (§ 667.5). Pursuant to the plea agreement, the trial court imposed a split sentence, comprised of a four-year term in the county jail pursuant to section 1170, subdivision (h), in which he would serve 180 days in the county jail or a residential treatment facility, and the court would suspend the remaining three years and six months of the total sentence. The court then placed defendant on mandatory supervision/ Post Release Community Supervision (PRCS) pursuant to section 1170, subdivision (h)(5), and ordered his participation in either a Diablo Valley or CAT II Program. The court ordered defendant to pay various fines and fees, and gave him a total of 114 days credit. In June 2013, the court revoked mandatory supervision/PRCS due to defendant’s failure to report to probation after he was discharged from the court-ordered program. In July 2013, defendant admitted the violation, and the court revoked and reinstated mandatory supervision/PRCS under the same terms and conditions. In October 2013, the court revoked mandatory supervision/PRCS after defendant was discharged from the court-ordered program for possession of a knife; defendant denied the allegations. Defendant claimed he had been cut and unlawfully drugged during his stay at the program; the court ordered a mental health evaluation pursuant to section 1368 and suspended proceedings. Proceedings were resumed after it was determined that defendant could rationally assist his attorney. In November 2013, defendant admitted a violation, and the court revoked and reinstated mandatory supervision/PRCS under the same terms and conditions. In February 2014, the court revoked mandatory supervision/PRCS for failure to obey all laws. In March 2014, defendant admitted the violation, and in April 2014, the court revoked and reinstated mandatory supervision/PRCS under the same terms and conditions.