P.

Filed 5/22/13 P. v. McNeese 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Tehama) ----

THE PEOPLE, C070626

Plaintiff and Respondent, (Super. Ct. No. NCR77893)

v.

ROBERT MARTIN MCNEESE II,

Defendant and Appellant.

This is an appeal after remand for resentencing. In People v. McNeese (Oct. 17, 2011, C065352) [nonpub. opn.] (McNeese I), this court reversed and remanded, concluding that the trial court had failed to exercise its discretion and determine whether to return defendant to Proposition 36 probation for a non-drug-related probation violation. On remand, the trial court exercised its discretion and sentenced defendant to state prison.

1 Defendant appeals, contending the trial court abused its discretion in…