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P. v. Tucker

P. v. Tucker
06:14:2006

P. v. Tucker



Filed 5/17/06 P. v. Tucker CA1/3






NOT TO BE PUBLISHED IN OFFICIAL REPORTS





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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION THREE










THE PEOPLE,


Plaintiff and Respondent,


v.


DEREK TUCKER,


Defendant and Appellant.



A110723


(San Francisco County


Super. Ct. No. 192582)



Derek Tucker appeals from a judgment entered after the trial court revoked his probation and sentenced him to a term of four years in state prison for selling heroin. He contends the court erred in denying his request to continue the probation revocation hearing. We disagree, and affirm.


FACTUAL AND PROCEDURAL BACKGROUND


In May 2004, Tucker pleaded guilty to one count of selling heroin. The trial court suspended the imposition of sentence, and placed Tucker on probation for three years.


About one year later, on May 17, 2005, at 7:45 a.m., while patrolling in a police car, two San Francisco police officers saw Tucker and a codefendant in an area known for high drug activity. After Tucker left a hotel known for drug activity, he went to the passenger side of a hatchback car. He bent slightly, reaching toward the car door handle and he appeared to be speaking to the codefendant, who was sitting in the driver's seat. When Tucker saw the officers, he looked up â€





Description Adecision regarding drug offenses, including transporting or attempting to transport heroin, and possessing heroin for sale.
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