P. v. Spicer
A jury found defendant guilty of transporting a controlled substance (Health & Saf. Code, 11352, subd. (a)) and possessing a controlled substance (Health & Saf. Code, 11350, subd. (a)).[1] Defendant admitted that he suffered a prior conviction for violating section 11378 of the Health and Safety Code. (Health & Saf. Code, 11370.2, subd. (a).) The trial court withheld pronouncement of judgment and granted defendant drug court probation, i.e., Proposition 36 probation. At a probation review hearing, defendant admitted that he violated the terms of his Proposition 36 probation. The trial court then sentenced defendant to state prison for a term of seven years. The superior court is directed to modify defendants sentence on count 1 to reflect that the sentence is stayed pursuant to Penal Code section 654. The superior court clerk is directed to correct the abstract of judgment and forward a corrected copy of the abstract to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
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