P. v. Clemons
In Superior Court of San Diego County case No. SCD181682 (SCD181682), on April 15, 2004, Debra L. Clemons entered a negotiated guilty plea to possessing a controlled substance. (Health and Saf. Code, 11350, subd. (a).) The court suspended imposition of sentence and placed Clemons on probation for three years, including a condition she participate in a drug rehabilitation program (Pen. Code, 1210) and obey all laws. In Superior Court of San Diego County case No. SCD185542 (SCD185542), on November 3, Clemons entered negotiated guilty pleas to possessing a controlled substance and exhibiting a deadly weapon, a syringe. (Pen. Code, 417, subd. (a)(1).) On December 6, the court suspended imposition of sentence and placed Clemons on probation for three years. On August 9, 2005, Clemons admitted violating probation in SCD185542 by failing to register for a drug rehabilitation program. The court reinstated probation. On November 10, the court summarily revoked probation in SCD181682 and SCD185542 for failure of Clemons to participate in a drug rehabilitation program. On January 10, 2006, the court ordered a mental competency hearing. On February 10, the court found Clemons competent. On February 21 the court denied a motion to substitute Clemons's trial counsel. (People v. Marsden (1970) 2 Cal.3d 118.) On March 14, Clemons admitted violating the conditions of probation. The court revoked probation in both cases. It sentenced Clemons to serve the two year middle term in SCD185542 for possessing a controlled substance with a concurrent term for exhibiting a deadly weapon and a consecutive term of eight months for possessing a controlled substance in SCD181682 (one third the middle term). The court issued a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b), former rule 30(b).)
Comments on P. v. Clemons