P. v. Jefferson
The Monterey County District Attorney filed a complaint charging defendant Frederick Jefferson with possession of cocaine base and possession of drug paraphernalia. (Health & Saf. Code, 11350, 11364.) The complaint also alleged that defendant had a prior strike conviction and was ineligible for probation because of three prior drug convictions. Defendant pleaded guilty to drug possession and admitted the strike. He was then placed on probation for drug treatment under the provisions of Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act). (Pen. Code, 1210 et seq.)[1]
The district attorney later filed three petitions to revoke defendants probation. Defendant admitted alleged probation violations in two of the petitions: failuring to enroll in a treatment program and testing positive for drug use. The third petition alleged that defendant had been arrested for a drug offense. After a contested hearing, the court found that defendant had committed the violation. Thereafter, the court dismissed the prior strike conviction and imposed a two year term for the underlying offense. The court also imposed various fines and fees.
Court reverse and remand for resentencing.
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