P. v. Urias
Larry Michael Urias (appellant) pled no contest to one count of heroin possession (Health & Saf. Code, 11350, subd. (a)), and admitted that he had served three prior prison terms (Pen. Code, 667.5, subd. (b)), and had one prior strike conviction (Pen. Code, 667, subds. (b)-(i)). In exchange, the trial court placed appellant on Proposition 36 probation. After appellant violated probation on various occasions, the trial court sentenced appellant to the upper term of six years in prison, plus three years for the three prior prison terms, and imposed various fees and fines. On appeal, appellant contends: (1) that the upper term imposed violated Cunningham v. California (2007) 549 U.S. __ [127 S.Ct. 856] (Cunningham); (2) that trial counsel was ineffective; (3) that the trial court abused its discretion when it denied his Marsden motion; (4) that the trial court abused its discretion when it denied his Romero[2]motion; (5) that the trial court erred when it denied his request for California Rehabilitation Center (CRC) treatment; (6) that the cause must be remanded to correct the abstract of judgment; and (7) that there was cumulative error. Court agree only with appellants contention that the cause must be remanded to correct the abstract of judgment, and in all other respects affirm the judgment.
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