P. v. Caramanis CA2/6

Filed 4/22/13 P. v. Caramanis CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B239419 (Super. Ct. No. 2011013295) Plaintiff and Respondent, (Ventura County)

v.

DAVID WALTER CARAMANIS,

Defendant and Appellant.

David Walter Caramanis appeals a judgment following conviction by plea to manufacturing gamma-hydroxybutyric acid (GHB), and possession of GHB, with findings that he suffered two controlled substance convictions and that he served a prior prison term. (Health & Saf. Code, §§ 11379.6, subd. (a), 11377, subd. (a), 11370.2, subd. (b); Pen. Code, § 667.5, subd. (b).) We conclude that the trial court did not abuse its discretion by declining to sentence Caramanis to a "split-sentence" pursuant to the Criminal Justice Realignment Act (Act) (Stats. 2011, lst Ex. Sess. 2011-2012, ch. 12, § 1; § 1170, subd. (h)(5)(B)), and affirm. (People v. Griffis (2013) 212 Cal.App.4th 956, 963, fn. 2 [defining "split-sentence option" in terms of Penal Code section 1170, subdivision (h)(B)(5)].) FACTS AND PROCEDURAL HISTORY In 2011, Ventura County Sheriff's deputies conducted an investigation of Caramanis for the manufacture and sale of GHB, a drug used by body builders to control

the effects of steroid use and by sexual predators to render a victim unconscious. On March 22, 2011, a confidential informant obtained GHB from Caramanis. Caramanis also shipped GHB to a purchaser in Georgia. Sheriff's deputies later executed a search warrant on Caramanis's residence and found large quantities of materials used in the manufacture of GHB. Caramanis previously had been convicted of violating federal drug laws regarding GHB and was a federal parolee. The Ventura County District Attorney charged Caramanis by second- amended information with seven counts regarding the manufacture, transportation, sale, and possession of GHB, and two counts of identity theft. (Health & Saf. Code, §§ 11379.6, subd. (a), 11379, subds. (a) & (b), 11377, subd. (a); Pen. Code, § 530.5, subd. (a).) The information also alleged that Caramanis suffered three controlled substance convictions and served a prior prison term. (Health & Saf. Code, § 11370.2, subd. (b); Pen. Code, § 667.5, subd. (b).) 1 On November 22, 2011, Caramanis waived his constitutional rights and pleaded guilty to manufacturing GHB (count 1), and possession of GHB (count 9). Caramanis also admitted suffering the controlled substance convictions and serving a prior prison term. In a written felony disposition statement, Caramanis acknowledged that he could be sentenced "to county jail and/or home detention" and that a portion of the term could be suspended and that he would be supervised by a probation officer, as provided for in section 1170, subdivision (h). During his plea colloquy, Caramanis orally acknowledged that he could be sentenced "to county jail and/or home detention" for a maximum term. On January 19, 2012, the trial court held a sentencing hearing. At the inception of the hearing, the trial judge stated that he had read the probation report prepared for sentencing and that he would honor his sentencing commitment of 12 years eight months, which included a five-year midterm for count 1, an eight-month consecutive term for count 9, two three-year terms for the controlled substance