P. v. Morales

Filed 4/13/06 P. v. Morales 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Calaveras)

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Defendant Jeffrey Kurt Morales pled guilty to transporting methamphetamine and admitted having a prior serious felony conviction (strike). Two related counts and a strike allegation were dismissed. In accordance with the plea agreement, defendant was sentenced to state prison for a stipulated term of eight years, execution of sentence was suspended, and he was placed on probation for five years. Thereafter, his probation was revoked, and he was committed to prison for the eight-year term.

On appeal, defendant contends the trial court erred in revoking probation. We disagree and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of defendant's crimes are not at issue and, thus, need not be recounted.

The plea agreement was entered into with the understanding that defendant had been accepted into â€