P. v. Ramirez CA5
Appellant Alexander Ramirez appeals his sentence after pleading guilty to one count of transporting or selling a controlled substance (Health & Saf. Code, § 11379). Appellant’s plea included admissions to four special allegations that appellant violated section 11370.2 based on prior convictions under sections 11378, 11379, and 11379.5. It further included a plea to one misdemeanor count of fleeing a pursuing peace officer. (Veh. Code, § 2800.1.) Appellant contends that the trial court failed to abide by the terms of his plea agreement when it sentenced him to a six-year term of incarceration. Appellant further argues both that the People did not prove he willfully failed to participate in a residential treatment program and that his sentence violates principles of equal protection. In supplemental briefing, appellant argues that Senate Bill 180, which modifies the scope of section 11370.2 is retroactive, such that his special allegation admissions are no longer valid.
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