People v. Minick CA3

BACKGROUND

The People charged defendant with one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378—count 1) and one count of receiving a stolen vehicle. (§ 496, subd. (a)—count 2.) As to the drug possession count, the information also alleged that defendant had previously been convicted of a serious felony, first degree burglary (§ 459), which constitutes a strike under California’s Three Strikes law. Defendant entered a no contest plea to count 1 and admitted the prior strike conviction. Under the plea agreement, defendant was given the opportunity to complete a minimum six-month residential treatment program. If defendant successfully completed the program, the strike would be stricken and defendant would be given an unusual case finding and granted probation. If defendant did not complete the program, he could be sentenced to a minimum of 16 months to maximum of three years, doubled

2 by the strike. Defendant was given 30 days to find a treatment program and return to court for a review hearing. Other charges against defendant were dismissed. Defense counsel stated that the parties stipulated to the factual basis of the plea to count 1 being the…