P. v. Brennan CA2/6

Filed 7/3/13 P. v. Brennan CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

THE PEOPLE, 2d Crim. No. B244380 (Super. Ct. No. BA394829) Plaintiff and Respondent, (Super. Ct. No. BA399400) (Los Angeles County) v. MODIFICATION OF OPINION [No Change in Judgment] JAMES THOMAS BRENNAN, Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on June 25, 2012, be modified as follows: On the last line of the last paragraph on page 2, after the words "he was" insert the word "not" so the sentence will then read: On September 18, 2012, appellant appeared in court and argued that he was not given the opportunity to enter a drug treatment program. No change in judgment. NOT FOR PUBLICATION

Filed 6/25/13 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

THE PEOPLE, 2d Crim. No. B244380 (Super. Ct. No. BA394829) Plaintiff and Respondent, (Super. Ct. No. BA399400) v. (Los Angeles County) JAMES THOMAS BRENNAN, Defendant and Appellant.

James Thomas Brennan appeals from a September 18, 2012 order revoking probation and sentencing him to concurrent three-year state prison terms in case numbers BA394829 and BA399400. In Case No. BA394829 appellant pled to guilty possession for sale of cocaine base (Health & Saf. Code, § 11350, subd. (a)) and admitted suffering two prior strike convictions (Pen. Code, §§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d))1 and three prior prison term enhancements (§ 667.5, subd. (b)). Pursuant to an March 15, 2012 open plea agreement, appellant was conditionally released to enroll and complete a one-year residential drug treatment program at the Los Angeles Transition Center (LATC). On April 18, 2012, the trial court issued a bench warrrant after it received a letter from LATC reporting that appellant was terminated from the program. The trial court recalled the bench warrant on April 20, 2012, and ordered appellant to return to LATC and complete the one-year residential program.