P. v. Hameed
Filed 7/7/06 P. v. Hameed CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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| THE PEOPLE, Plaintiff and Respondent, v. AKIL LATEEF HAMEED, Defendant and Appellant. | C048779
(Super. Ct. No. P03CRF0491)
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Defendant Akil Lateef Hameed appeals after his probation was revoked and he was sentenced to a two-year prison term for transportation of a controlled substance. He contends the court violated his Fourteenth Amendment right to due process and his Sixth Amendment right to counsel when it denied his motion to continue the revocation hearing to substitute retained counsel for appointed counsel. Since the contention lacks merit, we affirm. We also direct the trial court to modify the judgment to include applicable fines, fees, and penalty assessments.
FACTUAL AND PROCEDURAL BACKGROUND
By information filed February 20 (all events occurred in 2004 unless otherwise noted), defendant was charged with transporting a controlled substance and possession of a controlled substance with a strike prior allegation. Defendant retained Eric Hintz to represent him.
On July 16, defendant pled no contest to transportation of a controlled substance in exchange for dismissal of the other charge and strike allegation. On the same day, imposition of sentence was suspended and defendant was placed on probation, including 180 days in the county jail.
Two weeks later, a Folsom police officer responding to a report of a domestic disturbance found defendant in possession of methamphetamine and marijuana. A petition to revoke defendant's probation was filed on September 10. The court summarily revoked probation and set arraignment for September 21. Defendant failed to appear on September 21 and a bench warrant was issued.
Defendant subsequently was arrested, and he was arraigned on October 22. The court appointed El Dorado County Deputy Public Defender Tom Olafson to represent him.
On November 1, the court set the hearing on the probation violation for November 19. Defendant did not waive time.
Prior to the hearing defendant sent a letter to the court in which he admitted using drugs during his probationary period. In part he wrote: â€
