P. v. Martinez
Appellant Thomas Ray Martinez pled guilty, in October 2008, to one count of possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a) and one count of possession of a narcotics smoking device in violation of section 11364, subdivision (a). He also admitted the truth of the allegations that he had suffered two prior serious or violent felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12. The trial court placed appellant on three years formal probation under Proposition 36 for the methamphetamine possession offense and suspended sentence on the section 11364 offense.
On December 9, 2008, the court revoked appellant's probation. Following a hearing on March 16, 2009, the trial court found that appellant had violated probation and sentenced him to the mid-term of two years in state prison, doubled to four years pursuant to the "Three Strikes" law.
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