Parodi

Pursuant to a negotiated bargain, defendant David W. Parodi entered a plea of no contest to willfully bringing a controlled substance into a jail facility in violation of Penal Code section 4573 (section 4573). 1 He appeals the denial of his request for treatment under Proposition 36, contending the trial court erred in ruling his offense was ineligible for *1182 such treatment. We conclude the crime of willfully bringing a controlled substance into a jail facility in violation of section 4573 does not meet the statutory definition of a “nonviolent drug possession offense” as required for treatment under Proposition 36. (§ 1210, subd. (a).) We affirm the judgment.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On April 22, 2010, at approximately 1:00 a.m., Deputy Sheriff Chris Cloney was driving his patrol vehicle when he saw defendant walking by the side of the road. Cloney decided to contact defendant because he was wearing black clothing, carrying a plastic duffle bag, and had an illuminated flashlight. After contacting defendant, Cloney’s partner searched the area nearby and found two foil packages appearing to contain methamphetamine, and a clear plastic baggie with a…