P. v. Negron CA4/1

Filed 4/2/13 P. v. Negron CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D061663

Plaintiff and Respondent,

v. (Super. Ct. No. SCD229481)

JOSE LUIS NEGRON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Yvonne

Esperanza Campos, Judge. Reversed in part and remanded with directions.

In October 2010, Jose Luis Negron entered a negotiated guilty plea to selling a

controlled substance (Health & Saf. Code, § 11352, subd. (a)). On March 18, 2011,

Negron told the probation officer that in 2002, he had received a diagnosis of manic

depression and schizophrenia. On March 28, 2011, the court placed Negron on three

years' probation. On April 15, Negron went to a restaurant where he yelled obscenities,

exposed his penis, spilled the contents of his colostomy bag and struck a restaurant

employee. On April 25, the court summarily revoked probation. At the request of the

probation department, a psychological evaluation was scheduled for June 1.

On May 31, 2011, Negron was before the court for a probation revocation and