P. v. Barnes
In 2004 Hubert Lee Barnes facilitated the sale of cocaine base to an undercover police officer. Barnes entered a negotiated guilty plea to possessing cocaine base (Health & Saf. Code, 11350) and the court deferred entry of judgment (Pen. Code, 1000). In 2005 Barnes constructively possessed a usable amount of cocaine base and helped his codefendant sell it. Barnes pleaded guilty to selling cocaine base (Health & Saf. Code, 11352, subd. (a)) and possessing cocaine base for sale (Health & Saf. Code, 11351.5). The court placed him on three years' probation in both cases. In 2006 the court revoked probation. It suspended execution of concurrent prison sentences (the two year middle term in the 2004 case and the four year middle term in the 2005 case) and reinstated probation. In 2008 the court revoked probation, lifted the stays of sentence, suspended criminal proceedings (Welf. & Inst. Code, 3051), and ordered Barnes committed to the California Rehabilitation Center (CRC). Barnes appeals. Court affirm.
Comments on P. v. Barnes