People v. Johnson

This is an appeal from a judgment committing defendant Cynthia Ann Johnson to state prison for a term of 32 months after she repeatedly violated the conditions of two grants of probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act). Johnson contends (1) she was denied due process of law because the court prejudicially erred when it terminated her Proposition 36 probation; (2) she was denied her state and federal constitutional right to effective assistance of counsel because her counsel failed to ask the court to reinstate Proposition 36 treatment, failed to ask the court to dismiss her prior strike in the interest of justice, and improperly stipulated to a state prison term of 32 months without her consent in open court; and (3) during sentencing, the court erroneously increased her restitution fine to $800 from the previously imposed amount of $200. The People concede the court erred by increasing Johnson’s restitution fine to $800.

We reject Johnson’s first two contentions. We hold the court properly revoked Johnson’s Proposition 36 probation because substantial evidence established that she had violated a “non-drug-related”…