P. v. Lucero
After defendant pleaded guilty to possession of a controlled substance in violation of Health and Safety Code section 11350, subdivision (a), the court suspended execution of a prison sentence and placed him on formal probation, ordering him to attend Drug Court. Defendant made two motions pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), the first of which was heard and denied, and the second of which was neither heard nor decided. When the trial court found defendant had violated his probation, the court sent defendant to prison.
Defendant contends on appeal that the court failed to ascertain the reasons for his second Marsden motion, rendering the probation violation finding and the resulting three year prison sentence reversible per se. Court remand for further proceedings.
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