(Super. Ct. No. CR073037)
The opinion of the court was delivered by: Raye , P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
About 2:00 a.m. on June 5, 2007, defendant Paul Zachery Cantarutti drove 100 miles per hour on Covell Boulevard in Davis. An officer attempted a traffic stop but defendant failed to pull over and led the officer on a high-speed chase for approximately two miles. Defendant's blood alcohol content was .17 percent. Defendant's passengers told officers that they had asked defendant to slow down and to stop.
Defendant entered a negotiated plea of no contest to felony evading (Veh. Code, § 2800.2, subd. (a)) and driving under the influence, a misdemeanor (Veh. Code, § 23152, subd. (a)), in exchange for dismissal of the remaining counts and no state prison at the outset.
The court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions.
Defendant violated probation by driving with a blood alcohol content of .08 percent. On June 6, 2008, probation was reinstated.
Defendant again violated probation by being publicly intoxicated. On October 30, 2009, the court imposed the midterm of two years, suspended execution, and reinstated probation. Defendant was ordered to enter a residential treatment program and to appear in court on November 20, 2009, for placement review.
Defendant failed to appear in court on November 20, 2009. A no-bail warrant was issued for his arrest. The matter was continued to December 4, 2009. Defendant appeared at that time and the bench warrant was recalled. The matter was continued to December 18, 2009, and defendant failed to appear.
On December 24, 2009, a request for revocation of probation alleged that defendant violated probation by failing to appear in court on November 20, 2009, and on December 18, 2009, and by failing to appear at the probation department. Probation was revoked on December 24, 2009, and the matter was continued to January 8, 2010. On January 8, 2010, defendant failed to appear and the court ordered that a no-bail bench warrant issue. On January 22, 2010, the bench warrant was issued.
On April 19, 2010, defendant was served with the no-bail bench warrant while in custody in the Sacramento County jail. On April 20, 2010, he ...