People v. GollardoAnnotate this Case
Defendant entered into a Santa Rosa Walgreens and presented a prescription for Phenergan Codeine cough syrup. Suspecting the prescription was fraudulent, the pharmacist contacted the police. Officers responded. Defendant conceded the prescription was fraudulent. Defendant, charged with felony forging and issuing a prescription for a narcotic drug (Health and Safety Code 11368) and misdemeanor burglary (section 459), had two prior strike offenses: a 2006 conviction for vandalism committed for the benefit of a criminal street gang and a 2012 conviction for participation in a criminal street gang, for which he served a prison term. Defendant was accepted to a six-month residential treatment program after “express[ing] a desire for rehabilitation.” Defendant moved (section 1170.18(f)), unsuccessfully, to have the felony count reduced to a misdemeanor under Proposition 47, the 2014 Safe Neighborhoods and Schools Act. The court noted the prior strikes and the prior prison commitments. Defendant then entered a no-contest plea to the felony count. Before sentencing, defendant again moved to reclassify the felony and to strike the prior strike conviction allegations. The court denied defendant’s motions and sentenced him to a middle term of four years. The court of appeal affirmed. The trial court based its decision on the following, relevant considerations that are firmly grounded in the record.