P. v. Smith CA3
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We briefly recount the facts and procedural history in accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, 124.
In 2013, defendant Corey Jacob Smith was sentenced to state prison for a violation of Penal Code section 290.010. On May 31, 2014, he was released on postrelease community supervision (PRCS). In case No. MCYKCRRS 14 1623 (hereafter, case No. 1623), a petition for revocation of PRCS filed December 1, 2014, alleged that defendant had not lived at his reported address since August 14, 2014. On June 12 and June 17, 2014, defendant had submitted positive drug tests for methamphetamine.
In case No. MCYKCRF 14 1790 (hereafter, case No. 1790), defendant entered a plea of no contest to failing to file a required change of address (§ 290.013, subd. (b)) and admitted a strike prior (1999 rape of an intoxicated person) (§§ 667, subds. (b) (i), 1170.12) and two prior prison term allegations (§ 667.5,
Comments on P. v. Smith CA3