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People v. Alexander

California Court of Appeals, Second District, Fifth Division

January 16, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
RICKEY LANE ALEXANDER, II, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, No. YA088935 Leslie Brown, Judge.

Page 314

COUNSEL

California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

Page 315

OPINION

KRIEGLER, J.

Defendant and appellant Rickey Lane Alexander, II, appeals from his conviction for possession of a controlled substance (Health & Saf. Code, § 11350)[1] following his plea of no contest.

Defendant contends that the 16 month county jail sentence ultimately imposed by the trial court is illegal because his punishment was in excess of the plea agreement. Defendant requests that we reverse the judgment and order him “returned to the status quo ante prior to the sentencing, and if the court cannot fashion a sentence that meets [defendant’s] approval, to allow [defendant] to withdraw from the plea.”

We affirm the judgment.

PROCEDURAL HISTORY[2]

A felony complaint charged defendant with possession of methamphet-amine for sale (§ 11378 count 1), and possession of oxycodone for sale (§ 11351 count 2). He pled not guilty on both counts.

Defendant’s case was transferred to drug court for evaluation. The possession for sale charges disqualified defendant from drug court, so the case was transferred back to trial court.

Once returned to the trial court, defendant entered into a plea agreement, in which he agreed to plead no contest to a violation of section 11350, subdivision (a).[3] In return for the plea, defendant would be referred to drug court, and the possession for sale charges would be dismissed. In the written waiver of rights form signed by ...


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