P. v. Rico
On February 4, 2005, pursuant to a negotiated settlement in case No. SF094638B, defendant pled guilty to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)). Imposition of sentence was suspended and defendant was placed on probation for a minimum of 18 months and a maximum of three years, with probation being conditioned upon, inter alia, his obeying all laws. On May 23, 2005, pursuant to a negotiated settlement in case No. SF094030A, defendant pled guilty to misdemeanor driving under the influence (Veh. Code, 23152, subd. (a)) and no contest to unlawful taking of a vehicle (Veh. Code, 10851, subd. (a)), a felony. Imposition of sentence was suspended and defendant was placed on probation for five years for the felony and three years for the misdemeanor. Each grant of probation was conditioned upon, inter alia, that he obey all laws.
On August 24, 2005, defendants probation in the above two cases was summarily revoked based upon allegations that he violated his probation by committing the offenses set forth in Penal Code sections 273.5, 422, and 136.1, subdivision (b)(1). Following a probation revocation hearing for both cases, each grant of probation was formally revoked.
On October 31, the court sentenced defendant to state prison for concurrent terms of 16 months each for the methamphetamine possession and the unlawful taking of a vehicle. The court placed defendant on informal probation for the driving under the influence offense. In each case, the court imposed restitution fines of $200 in accordance with Penal Code sections 1202.4 and 1202.45, plus a $135 laboratory fee for the methamphetamine possession (Health and Saf. Code, 11372.5, subd. (a)). The judgment is affirmed.
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