People v. Prater CA6

I. INTRODUCTION

Defendant Braedie Lane Prater pleaded guilty to five charges: bringing narcotics paraphernalia into prison (Pen. Code, § 4573); possession of a controlled substance (Health & Saf. Code, § 11375, subd. (b)(2)); possession of a drug without a prescription (Bus. & Prof. Code, § 4060); possession of narcotics paraphernalia (Health & Saf. Code, § 11364.1, subd. (a)); and driving an unregistered vehicle (Veh. Code, § 4000, subd. (a)(1)). Defendant admitted she had a prior felony conviction that qualified as a strike. (Pen. Code, § 1170.12, subd. (c)(1).) Defendant was initially placed on Proposition 36 probation for 18 months. (See Pen. Code, § 1210.1, subd. (a).) However, the trial court subsequently terminated defendant’s Proposition 36 probation, dismissed the strike allegation, imposed but suspended a four-year prison term, and placed her on formal probation. Defendant filed notices of appeal from the order terminating her Proposition 36 probation and from the post-plea proceedings. This court ordered defendant’s two appeals considered together for briefing, oral argument, and disposition. On appeal, defendant’s appointed counsel filed a brief pursuant to…