Hebert

One spring evening, officers, responded to an uncompleted 911 call from defendant Joseph Hebert's residence. [1] Defendant admitted he had earlier smoked "speed" and told officers his kitchen contained drugs. Two years later, on Christmas Eve, defendant repeatedly made harassing phone calls to a 911 operator, requesting sexual favors and threatening to kill the President. When officers took defendant into custody, they found a small baggie of methamphetamine.

The first incident resulted in a complaint charging defendant with possession of cocaine base, being under the influence of a controlled substance, and possession of drug paraphernalia. (Health and Saf. Code, §§ 11350, 11550, subd. (a), 11364.) Defendant entered a plea of no contest to possession of cocaine base. The trial court granted defendant probation on the condition he complete a Proposition 36 drug treatment program. (Pen.Code, § 1210.1.)

The second incident resulted in an information charging defendant with felony possession of methamphetamine and misuse of a 911 emergency line. (Health & Saf.Code, § 11377, subd. (a); Pen.Code, § 653x.) Defendant entered a negotiated plea of no contest.

After defendant…