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The People v. Willie Lee Howard

March 1, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
WILLIE LEE HOWARD, DEFENDANT AND APPELLANT.



(Super. Ct. No. CM029130)

The opinion of the court was delivered by: Raye , P. J.

P. v. Howard

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a traffic stop, officers searched a vehicle occupied by defendant Willie Lee Howard. The search yielded two packages of cocaine and one package of methamphetamine. An amended complaint charged defendant with two counts of possession of cocaine and one count of possession of methamphetamine for sale. (Health & Saf. Code, §§ 11350, 11351, 11378.) Defendant entered a no contest plea to one count of cocaine possession and the other counts were stricken.

The court placed defendant on three years' probation. Subsequently, the probation department filed three probation violation petitions against defendant. The court found defendant in violation of probation and sentenced him to three years in state prison. Defendant appeals, contending he was entitled to a hearing prior to sentencing and the court's failure to hold a hearing violated Penal Code section 1210.1.*fn1 We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2008 officers stopped defendant in a vehicle. A subsequent search revealed two packages of cocaine (7.48 and 6.52 grams, respectively) and one package of methamphetamine (2.7 grams).

A complaint charged defendant with possession of cocaine (count 1) and methamphetamine for sale (count 2). (Health & Saf. Code, §§ 11351, 11378.) The complaint also alleged defendant suffered a prior serious felony conviction and served a prior prison term. (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d), 667.5, subd. (b).) Defendant entered a plea of not guilty.

An amended complaint included an additional charge of possession of cocaine (count 3). (Health & Saf. Code, § 11350.) Defendant entered a no contest plea to count 3; the court dismissed counts 1 and 2 and struck the allegations. The court placed defendant on formal probation for three years pursuant to certain terms and conditions.

First Violation

In May 2009 the probation department filed a probation violation petition alleging defendant failed to provide a urine sample. Defendant admitted the allegation, and the court continued the term of probation but modified it to include eight hours of community service.

Second Violation

In July 2009 the department filed a second probation violation petition alleging defendant failed to report to his probation officer. Defendant admitted the allegation, and the trial court again continued defendant on ...


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