People v. Parrott

[179 CalApp3d Page 1122] Pursuant to a plea bargain, defendant pleaded guilty to one count of selling marijuana to a minor (Health & Saf. Code, ? 11361)1 and one count of possession of marijuana for sale. (? 11359.) He appealed from the judgment sentencing him to four years in state prison. We remanded the matter for resentencing based on the trial court's failure to state reasons for denying probation. The trial court again denied probation, sentencing defendant to prison for an aggregate term of four years, consisting of the midterm of four years for violation of section 11361 and a two-year concurrent term for the section 11359 violation. Defendant now challenges the reasons relied on by the trial court to support the denial of probation. He also claims the court erroneously imposed the middle term for the section 11361 violation. We will affirm.