P. v. Jones
On April 26, 2006, defendant and appellant Troy Lamont Jones entered a guilty plea to one count of possessing a controlled substance (Health & Saf. Code, 11350, subd. (a)), a lesser included offense to the charge of transporting cocaine (Health & Saf. Code, 11352, subd. (a)). In exchange, the trial court dismissed two other counts of the felony complaint, and struck allegations of prior convictions and failure to remain free of custody for five years following a prison term. At a sentencing hearing on October 20, 2006, the trial court suspended imposition of sentence and placed defendant on formal probation for three years. On appeal, defendant contends that the upper term sentence violated his rights under the Fourteenth and Sixth Amendments of the Constitution. For the reasons set forth below, Court shall affirm the judgment.
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