Cantu
People v. Cantu
Opinion
Opinion
PREMO, Acting P.J.
Defendant David Cantu, Jr. was convicted of possessing methamphetamine and driving with a blood alcohol content of greater than 0.08 percent. On appeal defendant contends that the trial court erred in finding him ineligible to be sentenced pursuant to the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). (Pen.Code, §§ 1210, 1210.1.) We shall affirm.
Defendant had been stopped by police for running a stop sign. [1] He failed to satisfactorily perform a series of field sobriety tests and was transported to jail on suspicion of driving under the influence of alcohol. At the jail officers discovered a packet of methamphetamine on his person. Defendant's blood alcohol level was 0.16 percent.
Defendant pled guilty to one count of driving with a blood alcohol content greater that 0.08 percent (Veh.Code, § 23152, subd. (b)) (a misdemeanor). The trial court placed him on three years probation. Defendant pled no contest to the crime of possessing methamphetamine (Health & Saf.Code, § 11377, subd. (a)) (a felony). The court referred him to the Deferred Entry of Judgment Program (DEJP) for that crime. Defendant did not satisfactorily complete the DEJP…