P. v. Embry
Dfendant entered a negotiated guilty plea to possessing a controlled substance (Health & Saf. Code, 11350 subd. (a)) and admitted a prior strike (Pen. Code, 667 subds. (b)-(i), 1170.12, 668). The court suspended imposition of sentence and placed him on three years probation for drug rehabilitation (Pen. Code, 1210.) After revoking and reinstating probation on February 2, 2006, on May 12, 2006, the court again revoked probation and found Embry not amenable to treatment. The court denied Embry's motion to strike the prior strike (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and sentenced him to prison for 32 months: double the 16 month lower term for possessing a controlled substance with a prior strike. The court issued a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).) The judgment is affirmed.
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