P. v. Samuels
Filed 9/6/06 P. v. Samuels CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. DESHAWN MONTE SAMUELS, Defendant and Appellant. |
F049416
(Super. Ct. No. BF111232A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge.
Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and John G. McLean, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
DeShawn Monte Samuels pled no contest to cultivating marijuana. (Health & Saf. Code, § 11358.) The trial court sentenced him to 90 days in jail and two years' probation. On appeal, he contends that his cultivation was a nonviolent drug possession offense and qualified him for probation without incarceration under Proposition 36. We disagree and affirm the judgment.
FACTS
On July 21, 2005, the Kern County Sheriff's department received a report that there were marijuana plants in appellant's backyard. Upon arriving officers contacted appellant's girlfriend on the front porch of the home and asked her if she knew of any marijuana plants at the home. She stated there were. Soon after, officers asked appellant the same question. Appellant responded, â€
