People v. Schlotthauer CA3

Filed 10/5/16 P. v. Schlotthauer CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C080273

Plaintiff and Respondent, (Super. Ct. No. CM039660)

v.

ELESA GRACE SCHLOTTHAUER,

Defendant and Appellant.

After defendant Elesa Grace Schlotthauer pleaded guilty to possession of methamphetamine and child endangerment, the trial court placed her on 48 months’ probation conditioned on serving 30 days in jail. Defendant later admitted a violation of probation and the trial court sentenced her to a one-year term on the possession count and a concurrent six-month term on the child endangerment counts without awarding her credit for time served, and ordered her to register as a narcotics offender. Defendant contends this was an unauthorized sentence. We agree and order the registration requirement stricken and remand the matter for the trial court to calculate and award defendant credit for time served.

1

FACTS AND PROCEEDINGS We note that the parties stipulated that there was a factual basis for the plea, but did not specify what that factual basis was or reference any document setting forth that factual basis. This recitation of facts is taken from the probation report. While executing a search warrant at Raymond Walters’s home, officers searched defendant’s bedroom and found 0.10 grams of methamphetamine, 21.97 grams of marijuana bud, and multiple bottles of prescription medication. The prescription drugs were within arms’ reach of a four-year-old child who was also in the bedroom. There were drugs throughout the home, as well as indicia of sales. Upon being arrested and booked, officers found defendant also in possession of 0.07 grams of methamphetamine. Defendant pleaded guilty to misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and child endangerment (Pen. Code, § 273a, subd. (b); unless otherwise set forth, statutory references that follow are to the Penal Code). The trial court suspended imposition of sentence and placed her on 48 months’ probation, on various terms and conditions, including 30 days in county jail with credit for three days served. The trial court also ordered defendant to register as a narcotics offender pursuant to Health and Safety Code section 11590. A little over a year into defendant’s probation, the probation officer filed a violation of probation petition, alleging defendant had been terminated from her court- ordered child abuse class. Defendant admitted the violation. The trial court terminated defendant’s probation and sentenced her to one year in county jail on the possession charge and a concurrent six months on the child endangerment charge. The trial court did not award defendant any custody credits.