P.

Filed 5/16/13 P. v. Strain CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C069641

Plaintiff and Respondent, (Super. Ct. No. 11-3746) v.

BRADLEY ALLEN STRAIN,

Defendant and Appellant.

Defendant Bradley Allen Strain pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378). The trial court sentenced defendant to three years in state prison. On appeal, defendant raises three challenges to the state prison sentence. He contends: (1) the trial court could not rely on the out-of-state prior because it was not pleaded or proven; (2) there is insufficient evidence to support the trial court’s finding that he had a prior out-of-state serious felony…