P. v.Aguayo

Filed 8/25/06 P. v.Aguayo CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H029103

Plaintiff and Respondent, (Santa Clara County

Superior Court

v. Nos. C9889482, CC111590)

EMMETT EDWARD AGUAYO,

Defendant and Appellant.

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Defendant Emmett Edward Aguayo pleaded guilty to several drug-related charges in two separate Santa Clara County cases, C9889482 and CC111590. The trial court initially placed defendant on probation in each case, in March 1999 and January 2002, respectively. After revoking, reinstating, and extending defendant's probation on several occasions over the ensuing years, the court held a final formal revocation hearing in May 2005. Defendant appeals from the trial court's resulting order, terminating him from the drug treatment program and committing him to the California Department of Corrections. Defendant contends the trial court: (1) erred in relying upon drug testing results derived from the Thin Layer Chromatography method of testing; (2) abused its discretion in revoking probation; and (3) miscalculated defendant's custody credits in case number C9889482. We disagree and affirm the judgment.

I. Factual Background

A. Case Number C9889482 (â€