P. v. Lee
In October 2002, defendant pled guilty to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)) (case No. FMB005549) and was ordered to participate in the Deferred Entry of Judgment (DEJ) program. Defendant subsequently violated her DEJ program and was eventually terminated from that program. She was then placed on Proposition 36 probation for a period of 36 months. On appeal, defendant contends (1) she was deprived of her due process right to a probation violation hearing; (2) imposition of the upper term sentence in case No. FMB007544 violated her constitutional rights to a jury trial and proof beyond a reasonable doubt; and (3) her counsel was ineffective for failing to raise the hearing issue and the sentencing issue. Court reject these contentions and affirm the judgment.
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