Masters

Defendant Stephen Joe Masters entered a plea of guilty to possession of methamphetamine (Health & Saf. Code, § 11378) and being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)). He also admitted he had suffered a previous drug-related conviction (Health & Saf. Code, § 11370.2, subd. (c)). In return for his plea, additional counts set forth in the information, including four counts of sale of methamphetamine, were dismissed. Defendant was sentenced to a five-year state prison term.

On appeal, defendant’s sole claim is the trial court abused its discretion by failing to refer him for an evaluation to determine if he should be confined at the California Rehabilitation Center (CRC).

At the sentencing hearing, counsel for defendant petitioned his client be referred to CRC for evaluation, claiming defendant had not demonstrated a pattern of criminality sufficient to deny him a referral. Counsel also represented that defendant was addicted to methamphetamine and that CRC would be the appropriate commitment for him.

The People opposed the request, citing defendant’s criminal history and asserting defendant is a “dope dealer” whose conduct warranted…