P. v. Stapleton
As part of a plea agreement defendant received a Proposition 36 (Prop. 36) drug treatment program in lieu of going to state prison. When he failed to complete the drug treatment program, the trial court sentenced him to four years in state prison. On appeal, defendant argues that (1) the trial court abused its discretion when it imposed a prison term without obtaining information in order to exercise its discretion; (2) the trial court violated his due process right by failing to hold a drug program termination hearing; and (3) he did not waive his due process claim. We conclude that defendant waived his right to a drug program termination hearing when he accepted the renegotiated plea bargain and affirm. Defendant requests that we take judicial notice under Evidence Code section 452 that defendant's trial counsel has retired. Defense counsel's retirement is not relevant to any issue in this appeal. Therefore, defendant"s request for judicial notice is denied.
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