People v. Presley

[172 CalApp3d Page 1002] Debra Ann Presley appeals from the judgment entered following a plea of guilty to the sale of phencyclidine (PCP). (Health & Saf. Code, ? 11379.5.) She was sentenced to three years in the state prison and contends that the statutory ineligibility for probation pursuant to Penal Code section 1203.07, subdivision (a), subsections (5) and (6), constitutes cruel and unusual punishment in violation of the state Constitution. (Cal. Const., art. I, ? 17.) Appellant was originally charged with two counts of selling PCP. On October 3, 1984, appellant pled guilty to one count of sale of PCP, with the understanding that the remaining count would be dismissed in furtherance of justice at the sentencing hearing. Before pleading guilty, appellant was advised and personally acknowledged that she would be ineligible for [172 CalApp3d Page 1003] probation and could be sentenced to up to five years in the state prison as a consequence of the plea.