I was convicted for .459 2nd and given a 4 yr split sentence. 1 yr in custody & 3 yrs on AB 109. I did 6 months (1/2 time in OC CAL.) out of the year and approx. 7 months of probation. My PO says I've tested positive for drugs several times and now wants to place me in a sober living treatment center where I'll be on lockdown the first 30 days and an additional 60 on site. I refuse to go (although I've not told her yet) and would rather just do jail time. AB 109 is a joke. Calling in every night at 9pm and checking in every other week. My charges weren't even drug/alcohol related, I have NEVER been arrested for a drug or alcohol charge, how can they test me and say I have a problem? I've always had a job, paid my bills and not stolen or pawned stuff for my drugs. They are not a top priority but I enjoy them. The only time I've had a problem is when the courts stepped in and told me I do. How much jail time instead of AB 109 will I do?
Penal Code section 459 can be a three-year sentence, but you would get credit for the one year you already served. However, do you have any other criminal history? That could cause a sentence enhancement to apply to the three years.
Three years less credit for time you've already served. You say you've never stolen anything but have a conviction for a second degree burglary. How can both things be true?
Unless you want to be in a d out of jail/ prison for the rest of your life my advice is get sober. You are not thinking straight.
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