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The People v. Daniel Neil Hurd

September 25, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DANIEL NEIL HURD, DEFENDANT AND APPELLANT.



(Super. Ct. No. NCR80429, NCR81370)

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

P. v. Hurd

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Previously granted Proposition 36 probation, defendant Daniel Neil Hurd's probation was revoked after pleading guilty to transporting methamphetamine. The trial court denied defendant's request for drug court or further Proposition 36 probation; he was sentenced to an aggregate term of four years eight months in state prison. Defendant appeals his sentence. Finding no error, we affirm the judgment.

FACTS AND PROCEEDINGS

The facts underlying defendant's convictions are not relevant to the issue raised on appeal. Accordingly, we do not include them in our opinion.

In November 2010, defendant was charged in Tehama County Superior Court, case No. NCR80429 (case No. 80429) with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)). It was further alleged that defendant was previously convicted of a strike offense (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)).

In December 2010, defendant pleaded guilty to possession of a controlled substance. In exchange for his plea, the People agreed to dismiss the remaining charge and enhancement allegation and place defendant on Proposition 36 probation. Defendant was sentenced in accordance with his plea.

On March 24, 2011, a petition to revoke defendant's probation was filed. The petition alleged that on March 8, 2011, defendant left his "residential treatment program in Redding without permission"; on March 14, 2011, was "terminated from the Proposition 36 treatment program"; and on March 16, 2011, was found in "possession of methamphetamine and a hypodermic syringe."

On March 28, 2011, defendant was charged in Tehama County case No. NCR81370 (case No. 81370) with transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)) and possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)). It was further alleged defendant was previously convicted of a strike offense (Pen. Code, § 1170.12, subds. (a)-(d), 667 subds. (b)-(i)) and a controlled substance offense (Health & Saf. Code, § 11370.2, subd. (c)).

On April 18, 2011, defendant admitted his probation violations in case No. 80429 and the matter was sent to probation for a sentencing report and to drug court for an eligibility determination. On May 11, 2011, he was "accepted" into the drug court program.

On May 16, 2011, defendant pleaded guilty to transportation of a controlled substance in Tehama County case No. 81370 and admitted the prior strike allegation. In exchange for his plea, the remaining count and enhancement allegation were dismissed. Defendant was referred to probation for sentencing and to drug court ...


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