Quillar

Gerry Lee Quillar entered a guilty plea to robbery (Pen. Code, §211) 1 and admitted a prior serious felony conviction (§ 667(a)). The court sentenced him to prison for eight years: the middle term of three years for robbery enhanced by five years for the prior conviction. Quillar appeals. We conclude the court did not err in refusing to refer Quillar to a narcotic rehabilitation program under Welfare and Institutions Code section 3051. 2 We therefore affirm the judgment.

Quillar argues the court abused its discretion in refusing to refer him to the California Rehabilitation Center (CRC). In making this argument Quillar recognizes he has a difficult task to convince us.

*1460 The first obstacle he must overcome is the absolute bar of Welfare and Institutions Code section 3052(a)(2) 3 which expressly precludes commitments to CRC of persons whose convictions result in a term of imprisonment in excess of six years. Quillar attempts to leap this barrier by saying the court could have reduced his sentence to less than six years by merely striking the enhancement pursuant to its power under section 1385(a). 4 Quillar again recognizes, however, the seeming imperviousness of…