P. v. Hunter
Defendant entered a negotiated plea of no contest to possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). In exchange for her plea, she waived her right to request Proposition 36 drug treatment (Pen. Code, S 1210.1) and an additional count for possession of methamphetamine for sale was dismissed. The trial court placed defendant on probation with the condition she serve 270 days in county jail and complete an inpatient substance abuse program.
On appeal, defendant contends the provision in the plea agreement waiving Proposition 36 drug treatment was invalid as against public policy. Court conclude that a determination on the merits of defendant's claim would be improper because she did not obtain a certificate of probable cause. Accordingly, court dismiss the appeal.
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