P. v. Montepeque
Appellant, Edwin Waldemar Montepeque, entered into a plea agreement on April 2, 2007. Appellant pled guilty to one count of Health and Safety Code section 11377, subdivision (a) in case No. F07100073 in exchange for the dismissal of case No. F07100310. Under the terms of the agreement, appellant was to be placed on Proposition 36 probation in this action and reinstated on probation in case No. F06101180. The court accepted appellants change of plea and placed him on Proposition 36 probation.
The court terminated Propostion 36 probation based on appellants third violation of probation in case No. F06101180. The court terminated Proposition 36 probation in case No. F07100073 finding appellant was no longer available for treatment. The court ordered appellants confinement in jail for 365 days with custody credits of 76 days in case No. F06101180 plus 46 days in case No. F07100073. The court placed appellant on probation in both matters for two years from the date of the hearing. Appellant contends the trial court erred in revoking his Proposition 36 probation. The judgment is affirmed.
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