P. v. McAlmond
On April 5, 2010, defendant Ronald Dale McAlmond pleaded no contest to possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a); the methamphetamine case). He was initially placed on a Proposition 36 drug diversion program (Pen. Code, § 1210.1),[1] but after multiple probation violations, the trial court terminated his Proposition 36 probation and placed him on formal probation for three years. By the time he was placed on formal probation, defendant had earned 289 days of presentence credits; therefore, the court ordered him to serve a 289-day county jail term as a condition of his formal probation and he was released from custody for time served.
Several months later, in a separate case, defendant was arrested on suspicion of committing a first-degree residential burglary (§ 459; the burglary case). Still on formal probation in the methamphetamine case, he also faced violation of probation proceedings.
A jury convicted defendant of first-degree residential burglary. The trial court also found that he violated his formal probation in the methamphetamine case and, for that reason, revoked and terminated his probation. He then received a four-year sentence for the burglary and a consecutive eight-month sentence in the methamphetamine case. He was awarded 307 days of presentence credits in the burglary case. Separately, in the methamphetamine case, he was awarded 43 days of presentence credits.
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