P. v. Stoll
Defendant pled guilty to elder abuse and was placed on probation. Roughly eight months later defendant's probation was revoked when he admitted testing positive for marijuana and methamphetamine. The court denied defendant's request for a diagnostic evaluation by the Department of Corrections under Penal Code section 1203.03 and sentenced him to three years in state prison. Defendant appeals, contending the trial court erroneously failed to order a diagnostic evaluation to determine whether to send him to prison before his sentencing. Defendant also contends the trial court erred in failing to assess his eligibility for commitment to the California Rehabilitation Center (CRC). Court concluded that the trial court correctly denied the request for diagnostic evaluation and that defendant waived the commitment issue by not raising it with the sentencing court. Consequently court affirmed the judgment.
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