P. v. Chapa

Filed 2/16/06 P. v. Chapa CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Madera County. Edward P. Moffat, Judge.

Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Appellant Eddie Chapa appeals from the judgment entered on his no contest plea to possession of heroin (Health & Saf. Code, § 11350, subd. (c)) and providing a false name to a police officer (Pen. Code, § 148.9, subd. (a)), and admission of four prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). He contends the court abused its discretion when it denied him probation based on facts outside the record. We affirm.

FACTS AND PROCEDURAL HISTORY

Case No. MCR09065A^[1]

On June 23, 2001, a deputy observed Chapa arguing with a woman on the side of a road and arrested him after finding .2 grams of heroin in his pants pocket. Chapa pled no contest to possession of heroin and admitted three prior prison term enhancements. In October 2001, the court imposed a prison term of six years consisting of three years for possession and three consecutive one-year terms for the enhancements. The court then suspended criminal proceedings and committed Chapa to the California Rehabilitation Center (CRC).

Case No. MCR13918

On November 6, 2002, officers arrived at Chapa's house to arrest him for a parole violation. He resisted. Officers found syringes in his pocket and his sock containing opiates and methamphetamine. Chapa pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)). On July 31, 2003, the court sentenced him to the upper term of three years for possession and to time served for resisting arrest. The court again suspended criminal proceedings and recommitted Chapa to CRC.

On June 28, 2004, Chapa was released from CRC on outpatient status and placed in a residential treatment facility. On August 6, 2004, he absconded from the facility.

Current Case No. MCR020128B

Chapa remained at large until November 2, 2004, when he was arrested by Madera police officers after a warrant search of his residence uncovered three grams of heroin in the room he was in when officers arrived. Chapa provided a false name. Chapa pled no contest to possession of heroin and falsely identifying himself to a police officer (Pen. Code, § 148.9, subd. (a)). In exchange, the court agreed to impose a two-year term for the possession, which in effect would be a consecutive eight-month term to his prior terms, and a concurrent term on the false identification offense. The court granted defense counsel's request for a transport order so that Chapa could be evaluated for admission to the Delancey Street Foundation program, an inpatient drug rehabilitation program. The program tentatively accepted Chapa, â€