P. v. Wellman
Filed 6/27/06 P. v. Wellman 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. KEVIN ARTHUR WELLMAN, Defendant and Appellant. | C050787
(Super. Ct. No. CM020217)
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In February 2004, defendant Kevin Arthur Wellman pled no contest to one count of possession of concentrated cannabis. (Health & Saf. Code, § 11357, subd. (a).) He was sentenced to the upper term of 3 years in prison and awarded 111 days of custody credit and 54 days of conduct credit. In a prior appeal to this court he contended, the People conceded, and we agreed, that the trial court should have granted him probation pursuant to the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). (People v. Wellman (Apr. 29, 2005, C046538 [nonpub. opn.].)
On remand in July 2005, defendant unsuccessfully requested that the case be dismissed pursuant to Penal Code section 1385,[1] in that he had already completed the improperly imposed prison sentence. Instead, he was placed on probation and referred to Proposition 36.
In August 2005, defendant â€
