People v. Razo CA3

FACTS AND PROCEEDINGS

Defendant pleaded no contest to unlawfully possessing marijuana for sale (Health & Saf. Code, § 11359) and admitted a prior strike. In exchange, she was allowed one

1 attempt at completing a six-month or longer residential treatment program. The agreement was that, if successful, her strike would be stricken for purposes of this offense and she would be granted probation. If she was not successful in completing a program, she could be sentenced to up to six years in state prison. The agreement provided in pertinent part: “I understand and agree to the terms listed below as part of this plea bargain agreement: [¶] . . . [¶] “3. Judgement [sic] and sentencing will be continued to a date in the future so that I may participate in a residential rehabilitation treatment program of at least six (6) months in duration. “4. I will only be allowed one (1) attempt at completing the residential rehabilitation program of at least six (6) months in duration. “5. If I am removed from the program for any reason prior to its completion or if I leave the program for any reason prior to completion then my case will be scheduled for judgement [sic] and sentencing and I could…