Bowen

Defendant Roger George Bowen appeals from an order revoking his probation and sentencing him to state prison to the middle term of two years for possession of heroin. Defendant claims that the trial court erred in denying him: (1) drug treatment and rehabilitation under Proposition 36 (Pen. Code, § 1210.1); and (2) presentence credit for time he spent in a court-ordered residential treatment program as a condition of probation. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On October 8, 2000, a West Sacramento police officer found defendant sitting in the front seat of his parked car with his head resting against the steering wheel. There was a hypodermic syringe with a needle lying on the front seat. Defendant admitted to the officer that he had just shot heroin, and the officer found a rock of heroin on defendant’s person. Defendant pled no contest to possession of heroin and in February 2001, the court suspended imposition of sentence and placed him on probation for three years. As terms of probation, defendant was required to serve 120 days in jail and spend 180 days in a residential drug treatment program. Defendant signed an order admitting him…