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People v. Sole3/27/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant Virginia Louise Sole appeals from a judgment of conviction for felony possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)), being under the influence of a controlled substance, methamphetamine (Health & Saf. Code, § 11550, subd. (a)) (case no. C9917427) and felony possession of a concealed weapon, specifically a pen knife (Pen. Code, § 12020, subd. (a)) (case no. C9929243). On June 11, 1999, she had pled no contest to these charges, admitted an out on bail enhancement (§ 12022.1) in case number C9929243, and admitted a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) in both cases.
It appears that defendant remained released on bail and she entered a residential treatment program at House on the Hill on August 31, 1999 and she subsequently entered a residential treatment program at Heaven's Gate Recovery Homes on October 12, 1999. Her residential status at Heaven's Gate was terminated as of March 3, 2000 because of drug use and violation of curfew. On June 13, 2000, after denying her Romero motion, the court sentenced defendant to four years in state prison.
On appeal, defendant argues that the trial court misunderstood the governing principles of law when it ruled on her Romero motion and, in any case, the court abused its discretion in denying the motion. We affirm.
A. Sentencing Hearing
At the June 13, 2000 sentencing hearing, defendant called four witnesses and testified herself. Erica Rekittke testified that she was a recovering addict and had been sober since December 13, 1999. She became friends with the defendant when they were both residents at the Heaven's Gate program. She indicated that defendant had been more open to dealing with her addiction problem since returning to custody and that it had been "her wake up call." Rekittke had been in regular contact with defendant and believed defendant had dramatically changed since being in custody and should be given a last opportunity to make it work.
Sherllyn Silva testified that she had known defendant about 10 years and they had used drugs together. Silva stated that she had been clean for about 20 months. She indicated that she had not been in contact with defendant during the previous year but her experience was that prison did not provide an opportunity for recovery.
Carol Sardina testified that she was the manager at Heaven's Gate Recovery Home for Women and had been clean for about 17 months. She met defendant when defendant entered the program. Sardina testified that, before defendant's relapse, defendant had gotten a job at the Holiday Inn and had been a good worker. Sardina indicated that defendant had been faithfully writing to her and defendant was now accepting responsibility for her problem. In her opinion, defendant should be given another opportunity to continue treatment.
Cynthia Harms testified that she was a recovering addict and had been clean for over seven years. She stated that she had known defendant for close to 15 years and they had used drugs together in the past. She indicated that she was involved in bringing narcotics anonymous meetings into jails and she had resumed her relationship with defendant when she saw defendant at a meeting. She testified that she was defendant's sponsor. She believed that defendant fina
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