BUDWISER

People v. BUDWISER

Good Law
140 Cal. App. 4th 105·2006 Cal. App. LEXIS 848·2006 Daily Journal DAR 7017·44 Cal. Rptr. 3d 296·2006 Cal. Daily Op. Serv. 4804
Court of Appeal of CaliforniaJune 7, 2006C049566California1,074 words

Opinion

Opinion

Sims, J.

Defendant Philip Conrad Budwiser was charged with felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count one) and misdemeanor possession of a methamphetamine pipe (Health & Saf. Code, § 11364; count two). It was further alleged that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b); undesignated section references are to the Penal Code) and that defendant was ineligible for probation except in an unusual case (§ 1203, subd. (e)(4)).

Defendant entered a plea of no contest to count one and admitted the prior prison term allegation. The court dismissed count two upon the prosecutor’s motion.

On July 7, 2004, the court granted probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act) (§ 1210).

On September 27, 2004, defendant failed to appear in court at a scheduled hearing. Probation was revoked and a bench warrant issued. Defendant was arrested and later released on October 15, 2004. He failed to appear on November 29, 2004, and a bench warrant issued.

A petition for revocation of probation was filed on December 2, 2004, alleging the failure to appear (FTA) on November 29, 2004.

On…

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