P. v. Pettis
Appellant Darrin Pettis pled no contest on March 1, 2006, to one count of heroin possession in violation of Health and Safety Code section 11350. He was placed on three years formal probation with one year in a residential narcotics treatment program. On July 19, 2006, he was arrested for possession of cocaine base for sale in violation of Health and Safety Code section 11351.5. On December 6, 2006, he pled no contest to that charge. His prior probation was reinstated and he was placed on probation in the new case on the same terms and conditions.[1]
On June 12, 2008, appellant's probation was revoked following his arrest in this case for fake narcotics sales in violation of Health and Safety Code section 11355. The trial court held a probation violation hearing and found that appellant had violated probation. The trial court imposed the four-year sentence from his conviction for heroin possession. The trial court awarded 370 days of presentence credit, consisting of 248 actual days and 122 days of conduct credit.
Appellant filed notices of appeal in both cases. He contends that there is insufficient evidence to support the trial court's finding that he violated probation. He further contends that he is entitled to additional conduct credits under Penal Code section 4019.[2] He also requests that we review the trial court's August 22, 2008, in camera hearing on his Pitchess motion. We affirm the judgment of conviction.
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