P.

BACKGROUND

By a plea of guilty on July 11, 2011, Sharp admitted one count of violating Health

and Safety Code section 11350, subdivision (a). For that offense, he was sentenced to

probation and to the Proposition 36 drug court program.

On June 21, 2012, Sharp was arrested based upon his alleged involvement in a

fight that had occurred June 17th. At the time of arrest, Sharp was searched and officers

found a baggie containing marijuana and a glass pipe in his pants pocket.

On June 28, Sharp waived an evidentiary hearing on the probation violation

allegation and admitted having possessed drug paraphernalia and marijuana. Sharp

denied violating probation by committing a battery with serious bodily injury. (§ 243,

subd. (d).) Probation was revoked. Sharp's counsel argued for reinstatement of probation

or, alternatively, for imposition of a 16-month sentence, with Sharp housed in local

custody. The prosecutor argued that given the serious nature of the battery allegations,

Sharp should be sentenced to a two-year term, and that she believed he was able to be

housed locally but was unsure. The court inquired as to whether battery charges had been

brought. The…