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The People v. Jacqueline Marie Riddle

October 25, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JACQUELINE MARIE RIDDLE, DEFENDANT AND APPELLANT.



(Super. Ct. No. CM027452)

The opinion of the court was delivered by: Nicholson , J.

P. v. Riddle

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jacqueline Marie Riddle appeals from an order of the Butte County Superior Court revoking her probation and imposing a previously stayed five-year prison term. Defendant contends the trial court abused its discretion in finding she had violated the original terms of her probation. Disagreeing, we affirm the judgment.

PROCEDURAL AND FACTUAL HISTORY

On May 15, 2008, in exchange for the dismissal of another count against her, defendant pleaded no contest to grand theft and admitted the service of two prior prison terms. On June 24, 2008, defendant was sentenced to state prison for five years (three years for the theft plus two years for the service of two prior prison terms), execution of sentence was stayed and defendant was placed on probation for five years.

On August 19, 2008, defendant admitted being in violation of probation by testing positive for methamphetamine. Defendant was ordered to enroll in a drug treatment program, which she did, and three months later probation was reinstated on the original terms and conditions.

On December 2, 2009, defendant admitted being violation of probation by failing to report to her probation officer. Probation was reinstated conditioned upon, inter alia, service of 120 days in county jail.

On July 1, 2010, defendant admitted violating her probation by testing positive for methamphetamine and marijuana. On August 24, defendant was released from custody on her own recognizance, conditioned upon her residing in a drug treatment program pending further disposition of her case. On March 24, 2011, the court reinstated probation and ordered defendant into a drug treatment program.

On August 4, 2011, defendant admitted violating her probation by testing positive for methamphetamine. On November 3, 2011, the court imposed the previously stayed five-year prison term.

DISCUSSION

Defendant contends the trial court abused its discretion in failing to reinstate probation and imposing the state prison term because she was, as she readily admitted, having difficulty breaking her methamphetamine addiction and her violations ...


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