People v. Ohmer, 031519 CAAPP3, C087285

Docket Nº:C087285
Opinion Judge:MAURO, ACTING P. J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. JOHN ALBERT OHMER, Defendant and Appellant.
Judge Panel:We concur: MURRAY, J. RENNER, J.
Case Date:March 15, 2019
Court:California Court of Appeals
 
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THE PEOPLE, Plaintiff and Respondent,

v.

JOHN ALBERT OHMER, Defendant and Appellant.

C087285

California Court of Appeals, Third District, Yuba

March 15, 2019

NOT TO BE PUBLISHED

Super. Ct. No. CRF161283

MAURO, ACTING P. J.

Defendant John Albert Ohmer pleaded no contest to possession of methamphetamine and heroin while armed. The trial court denied probation and sentenced him to three years in state prison.

On appeal, defendant contends resentencing is required because the trial court misunderstood his eligibility for probation. Based on our review of the record, we conclude the trial court did not misunderstand defendant's probation eligibility and did not abuse its discretion. We will affirm the judgment.

BACKGROUND

In August 2016, law enforcement served a search warrant at defendant's residence. The search found methamphetamine, heroin and a handgun.

Almost a year later, defendant pleaded no contest to possession of certain controlled substances while armed with a firearm (Health & Saf. Code, § 11370.1) in exchange for dismissal of other counts and allegations. Under the terms of the plea agreement, defendant would receive probation with an “unusual case finding” if he completed a residential rehabilitation program; if defendant failed to complete the program, his plea would be “straight up” with a maximum sentence of four years. At the plea hearing, defense counsel informed the trial court that defendant was having difficulty finding a residential treatment program, but he was hopeful he would find a program willing to take him.

A subsequent letter to the court stated that defendant had been admitted to a Salvation Army program in Marysville but left the program a month later. Another letter said defendant had been admitted to a Salvation Army program in Stockton and he was awaiting a bus ticket for transportation. But at a review hearing, defendant told the trial court he was on a waiting list for the Stockton program.

Defendant failed to appear for the next review hearing and a warrant was issued for his arrest. He explained in a motion to recall the warrant that he had two herniated discs in...

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