People v. Gaustad CA4/1

Filed 9/23/16 P. v. Gaustad CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D070193

Plaintiff and Respondent,

v. (Super. Ct. No. JCF34723)

RICKY GAUSTAD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County,

Christopher J. Plourd, Judge. Affirmed.

Conrad Petermann, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Ricky Gaustad, an inmate at the Centinela State Prison, was charged with

possession of a controlled substance in a state prison (Pen. Code,1 § 4573.6), an offense

punishable by two, three or four years in prison. It was also alleged that Gaustad had a

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

strike prior (§ 667, subds. (b)-(i)). Gaustad entered into a plea agreement in which he

was allowed to plead guilty to possession of drug equipment (§ 4573.8). That offense

was punishable by 16 months, two or three years. The agreement provided that Gaustad