Legault

On August 16, 2000, San Bernardino police arrested defendant after he bought $10 worth of cocaine from an undercover officer during a reverse sting operation. A felony complaint charged him with possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). Pursuant to a negotiated agreement, he pled no contest to the charge in exchange for formal probation and 90 days in county jail. He agreed to a Cruz waiver with the understanding that the court “would then be free to sentence [him] to the maximum term set forth on the plea form” if he “fail[ed] to appear for sentencing, commit[ted] any new offense while out on this O[wn] R[ecognizance release], or fail[ed] to report to the probation department . . . .” The trial court released him on his own recognizance pending sentencing on October 18, 2000. Before the October sentencing date, he was taken into custody on a Cruz violation for possession of drug paraphernalia. On November 27, 2000, he admitted that he had violated the Cruz waiver and the trial court sentenced him to the upper three-year prison term.

Defendant appeals, arguing the passage, 20 days before he was sentenced, of Proposition 36, now Penal Code sections…