P. v. Alice 5/11/06 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E038046

Case Date: 08/23/2006

Preview:Filed 5/11/06 P. v. Alice CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Appellant, v. JEFFREY SCOTT ALICE, Defendant and Respondent. E038046 (Super.Ct.No. FMB006972) OPINION

APPEAL from the Superior Court of San Bernardino County. Bryan Foster, Judge. Reversed and remanded with directions. Michael A. Ramos, District Attorney, Mark Vos, Lead Deputy District Attorney, and Tracey Blount and Brent Schultze, Deputy District Attorneys, for Plaintiff and Appellant. Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Respondent.

1

This is an appeal by the San Bernardino County District Attorney (hereafter referred to as the District Attorney or the People) from an order granting a motion pursuant to Penal Code section 9951 regarding one count of an information. We agree with the District Attorney that the evidence presented at the preliminary hearing was sufficient to support a violation of Vehicle Code section 23152, subdivision (a), driving under the influence of methamphetamine. Accordingly, we reverse the order granting the section 995 motion as to count 3. The People further seek to set aside an order placing defendant Jeffrey Scott Alice on drug treatment probation pursuant to Proposition 36. We hold that the defendant is not eligible for such drug treatment probation. PROCEDURAL BACKGROUND As pertinent to our discussion, defendant was charged in a first amended complaint filed on September 20, 2004, with transportation of methamphetamine (Health & Saf. Code,

Download P. v. Alice 5/11/06 CA4/2.pdf