P. v. Bacon CA3

Filed 6/18/13 P. v. Bacon CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C072986

Plaintiff and Respondent, (Super. Ct. No. 10F5380)

v.

ROBERT ALAN BACON,

Defendant and Appellant.

On August 9, 2010, a complaint was filed charging defendant Robert Alan Bacon with possession of methamphetamine. Defendant pled no contest. The trial court placed defendant on three years of formal probation under Proposition 36 and imposed various fees and fines. According to the probation report, a law enforcement officer conducting a probation search of defendant on July 3, 2010, found 0.30 grams of methamphetamine in a bindle in defendant’s right front pocket, along with paraphernalia commonly used in injecting methamphetamine. On March 4, March 14, April 5, and May 9, 2011, the People filed petitions to revoke defendant’s probation, alleging: (1) defendant was under the influence of a

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controlled substance and carried a dirk or dagger on February 2, 2011; (2) defendant failed to appear in court on March 4, 2010; (3) defendant was under the influence of a controlled substance and possessed a hypodermic syringe on March 16, 2011; and (4) defendant was under the influence of a controlled substance on April 6, 2011. On May 9, 2011, defendant admitted the probation violations. On June 7, 2011, the trial court reinstated defendant’s probation on the conditions previously ordered, with credit for a total of 92 days in jail (46 actual days and 46 conduct days). On September 26, 2011, the People filed two petitions to revoke defendant’s probation. The first alleged failure to register with, report to, and provide a valid address to law enforcement from June 27, 2011, to July 25, 2011; the second alleged possession of methamphetamine pipes on August 15, 2011. On October 13, 2011, defendant admitted the probation violations, and the trial court referred the matter to the probation department for a recommendation and report. On December 23, 2011, defendant was arrested for possession of two hypodermic needles and failure to appear after release on his own recognizance. He was released with the promise to appear on March 5, 2012. On March 5 and August 13, 2012, the People filed petitions to revoke defendant’s probation. The first alleged failure to report to the probation department after his release on his own recognizance on December 23, 2011. The second alleged failure to submit a written report to the probation officer since February 17, 2012; failure to report to the probation officer for five days after defendant’s arrest on July 5, 2012; being under the influence of a controlled substance on July 18, 2012; and possessing drug paraphernalia on the same date.