P. v. Stevens
Defendant pleaded guilty to possessing cocaine in exchange for the possessing marijuana for sale count to be dismissed. Thereafter, defendant was granted probation on the condition that defendant participate in a drug recovery program. When defendant failed to enroll in the program, the trial court gave defendant numerous additional opportunities to comply with the court’s order. Defendant, however, never complied. Eventually, the trial court sentenced defendant to the upper term of three years on count 2.
On appeal, defendant contends that the trial court erred in selecting the upper term and in calculating his presentence custody credits. Court remanded the matter for a new sentencing hearing.
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