Alexander

People v. Alexander

Good Law
182 Cal. Rptr. 3d 557·2015 Cal. App. LEXIS 37·233 Cal. App. 4th 313
Court of Appeal of CaliforniaJanuary 16, 2015B256482California1,834 words

Opinion

Opinion

Kriegler, J.

— Defendant and appellant Rickey Lane Alexander II appeals from his conviction for possession of a controlled substance (Health & Saf. Code, § 11350) following his plea of no contest.

Defendant contends that the 16-month county jail sentence ultimately imposed by the trial court is illegal because his punishment was in excess of the plea agreement. Defendant requests that we reverse the judgment and order him “returned to the status quo ante prior to the sentencing, and if the court cannot fashion a sentence that meets [defendant’s] approval, to allow [defendant] to withdraw from the plea.”

We affirm the judgment.

PROCEDURAL HISTORY

A felony complaint charged defendant with possession of methamphetamine for sale (§ 11378; count 1), and possession of oxycodone for sale (§ 11351; count 2). He pied not guilty on both counts.

Defendant’s case was transferred to drug court for evaluation. The possession for sale charges disqualified defendant from drug court, so the case was transferred back to trial court.

Once returned to the trial court, defendant entered into a plea agreement, in which he agreed to plead no contest to a violation of section 11350, subdivision (a). In…

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