People v. Alexander
Annotate this CaseDefendant agreed to plead no contest to possession of a controlled substance and have his case referred to drug court. He appeared in drug court and informed the court that he was on probation in another case that was on appeal, he had been advised by counsel in that case that his appeal might be compromised by drug court, and that he did not wish to proceed in drug court. The prosecutor offered to allow defendant to withdraw his plea on the probation case and have that case dismissed, to remove the issue. Defendant refused the offer. The case returned to the trial court, where defendant indicated that he expected to be released. The court allowed him to speak with his attorney. The district attorney refused a counter proposal and withdrew the offer to dismiss the probation case. The court confirmed that the original sentence was to be the low term of 16 months in jail. The court’s indicated sentence was the high term suspended, with five years probation, and a one-year residential drug treatment program. The court gave defendant a choice between the two. Defendant refused to choose and asked to withdraw his plea. The court refused. The court concluded that defendant did not wish to cooperate, and sentenced him to 16 months. The court of appeal affirmed.
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