P. v. Smith
Defendant entered a plea of no contest to charges of violation of Penal Code sections 484, 666 (petty theft with four prior convictions of petty theft),[1]and admitted two prison priors ( 667.5, subd. (b)). He was sentenced to five years in state prison.[2] The plea was made pursuant to a negotiated disposition entered into with the prosecution; an additional charge of burglary was dismissed. The execution of this sentence was suspended and defendant was placed on probation and ordered to serve seven months in county jail and to successfully complete residential drug treatment (among other terms and conditions). His probation was subsequently revoked on two occasions; on the first his probation was reinstated and he was permitted to complete a new residential treatment program and on the second his probation was terminated unsuccessfully. This timely appeal followed. The judgment is affirmed.
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