P. v. Beltz CA4/2
On May 25, 2005, defendant and appellant Rick Beltz pled guilty to six separate crimes, including possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). In exchange, defendant was initially sentenced to a total prison term of eight years six months—including the upper term of six years for the possession count—and released on his own recognizance pursuant to a Vargas waiver on various terms and conditions and a promise to appear. Defendant thereafter committed residential burglary and was charged with violating Penal Code section 459.
On September 22, 2005, the trial court found that defendant had violated the terms of his Vargas waiver. For the methamphetamine possession offense, the trial court sentenced defendant to the aggravated term of six years in prison, to be served consecutively with his sentence in another case.
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