P. v. Elder
On April 17, 2002, defendant, represented by counsel, pleaded guilty pursuant to a plea bargain to possession of a controlled substance, Demerol, (Health & Saf. Code, 11350, subd. (a)), and entry of judgment was deferred for 18 months so that defendant could participate in a drug program. (Pen. Code, 1000 et seq.)
However, defendant failed to pay required fees and to provide proof of attendance in a program; and, on July 31, 2003, release on her own recognizance was revoked, criminal proceedings were reinstated, and a bench warrant issued. Defendant appeared on May 12, 2006, was ordered to appear on May 22, 2006, but did not appear.
After a thorough and complete review of the record and briefs, Court conclude that defendant should have been granted probation on February 13, 2007, instead of being sentenced to prison.
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