Is there any case law where a defendant has been convicted of a charge of possession of a drug with intent to commit a criminal offence while on probation?

Defendant contends the trial court should have given him "one last chance" by reinstating probation. But defendant had violated his conditions multiple times, and the trial court acted well within its discretion in terminating probation and executing the previously-suspended sentence. (People v. Martinez (1985) 175 Cal.App.3d 881, 896.)

Defendant asserts that the court should have ordered the misdemeanor possession sentence to run concurrent to the active gang participation felony sentence.⁶ There is no statutory presumption in favor of concurrent sentences; that decision is left to the sound discretion of the trial court. (People v. Reeder (1984) 152 Cal.App.3d 900, 923.) Though sentences are deemed concurrent by operation of law when a trial court fails to state how sentences are to run ( 669, subd. (b)), here the trial court made clear that the sentences were consecutive.

The judgment is affirmed.

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/s/_________
Grover, J.