People v. Bauer

Opinion

THE COURT.*

After Mark Steven Bauer pled guilty to possession of a controlled substance, the court placed him on Proposition 36 probation, but twice he violated probation.1 The sole issue on appeal is whether the court’s termination of probation and imposition of a state prison sentence was proper. We affirm.

*398DISCUSSION

Preliminarily, we summarize the factual and procedural history of the case. On January 13, 2009, a deputy sheriff found in Bauer’s possession two syringes, one filled with a brownish liquid that tested presumptively positive for heroin. He admitted the syringes were his…