P. v. Almodova CA3
In case No. CM044114 (case 14), defendant Brandon Michael Wayne Almodova entered a negotiated no contest plea to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) in exchange for dismissal of the remaining counts and allegations with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 and a stipulated sentence of the upper term of four years in county prison. Under the plea agreement defendant was to be allowed to argue for mandatory supervision.
On March 23, 2016, in case 14, the court sentenced defendant under Penal Code section 1170, subdivision (h)(5), imposing the upper term of four years, ordering defendant to serve 365 days in local custody, and suspending execution of the remaining time, 1096 days, to be served under mandatory supervision.
A petition filed in case 14 on March 6, 2017, alleged that defendant failed to refrain from the possession of controlled substances and failed to obey all laws.
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