Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The People v. Hector Chavera

January 21, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
HECTOR CHAVERA, DEFENDANT AND APPELLANT.



Super. Ct. No. CM032301

The opinion of the court was delivered by: Raye,p.j.

P. v. Chavera CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Butte)

----

Defendant Hector Chavera entered a negotiated plea of no contest to possession of methamphetamine in exchange for the dismissal of recidivist allegations involving prior prison terms and the grant of drug-treatment probation. (Pen. Code, § 1210.1 [undesignated section references will be to this code].)*fn1 Among the conditions of probation that were not related to drug use was submitting proof (in the form of a log) of making at least 15 efforts each week to find a full-time job. The trial court sentenced defendant in accordance with the plea, suspending imposition of sentence.

The following week, defendant waived the filing of a formal petition to revoke probation and admitted he had violated the condition of probation requiring him to maintain a job log. After referring defendant to probation, the trial court declined to reinstate defendant on probation and sentenced him to prison in June 2010. It awarded 64 days of conduct credit for 65 days of custody.

On appeal, defendant contends the trial court abused its discretion in declining to reinstate him on probation. We also deem defendant to have raised the issue of his entitlement to an additional day of conduct credit, pursuant to a September 2010 amendment to section 2933, without further briefing. We shall affirm as modified.

FACTS

The stipulated factual basis for the plea was the discovery during a consent search of 0.7 gram of methamphetamine hidden in the headliner of defendant's car. Defendant had fled from the car on the approach of police, leading them to detain him.

In imposing the negotiated disposition, the trial court noted defendant's extensive criminal record from 1986 to the present, which included 3 felony convictions, 11 misdemeanor convictions, and 11 violations of parole. The court cautioned him that it would give him very little leeway. It also chided him for his bad attitude toward his attorney.

In the course of admitting the violation of probation for failure to submit a log, defendant asserted that he had in fact found a job installing a floor at a motel. However, this job had not yet started and was for an uncertain number of hours.

Defendant filled out a written personal history form for the probation officer with bizarre and flippant responses. He told the probation officer that he considered the form a joke and distinguished himself from other people on drug-treatment probation, whom he referred to as "retards." Along with defendant's interview behavior, which seemed to indicate a short attention span, the probation officer was concerned whether defendant had any problems with his mental competence. Defendant claimed in the interview that he was disabled and no one would hire him. He also asserted that he was too busy with appointments to look for jobs or to obtain validation of his claimed disability. He nonetheless wanted ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.