(Super. Ct. Nos. CM027541, CM031597)
The opinion of the court was delivered by: Hoch , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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). Having reviewed the record as required by Wende, we modify the judgment to provide for one additional conduct day in case No. CM027541. We provide the following brief description and procedural history of the cases. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On October 27, 2007, defendant was found in possession of just under 100 grams of marijuana, a scale, and $275 in cash. Defendant entered a plea of no contest to possession of marijuana for sale (Health & Saf. Code, § 11359) in exchange for dismissal of the remaining counts [transportation of marijuana, transportation of methamphetamine, and possession of methamphetamine for sale] and allegations [two on-bail enhancements] with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
On March 4, 2008, the court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including that defendant obey all laws.
On September 6, 2009, defendant drove at a speed in excess of 100 miles per hour in a posted 35 mile per hour zone, running a red light and crossing into oncoming traffic three times before stopping.
A complaint filed on September 10, 2009, in case No. CM031597 charged defendant with two counts of felony evading (Veh. Code, §§ 2800.2, subd. (a), 2800.4) and three counts of false imprisonment by violence (Pen. Code, § 236).
A petition for violation of probation filed September 10, 2009, in case No. CM027541 alleged that defendant violated Penal Code sections 207, subdivision (a), and 236, and Vehicle Code sections 2800.2, 2800.4, and 23152, subdivision (a).
A subsequent petition for violation of probation filed March 22, 2010, in case No. CM027541 alleged that defendant violated Health and Safety Code sections 11351 and 11352, subdivision (a), and Penal Code section 182, subdivision (a).
On November 24, 2010, in case No. CM031597, defendant entered a plea of no contest to an amended information which added two new counts, reckless driving, a misdemeanor (Veh. Code, § 23103, subd. (a)) and driving over 100 miles per hour, an infraction (Veh. Code, § 22348, subd. (b)), in exchange for dismissal of the remaining counts. Based on defendant's plea, the court found that defendant violated probation in case No. CM027541.
On February 15, 2011, in case No. CM027541, the court sentenced defendant to state prison for the upper term of three years. In case No. CM031597, the court imposed a concurrent 90-day county jail ...