P. v. Villescas
Defendant and appellant David Jacob Villescas entered a plea of no contest to a charge of possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)) and admitted suffering two prior convictions under the three strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)). His plea and admissions were entered on December 10, 2007, based on allegations that the offense occurred on August 5, 2007. The trial court struck one of the prior convictions, sentenced defendant to the low term of 16 months in state prison on the narcotics charge, and doubled the term to 32 months based on the remaining prior conviction. The trial court ruled defendant was ineligible for Proposition 36 probation because he had previously been convicted of a serious or violent felony, and defendant had not remained free of prison custody for a period of five years prior to the current offense. The judgment is affirmed.
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