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Name: In re Jose Z.
Case #: F042747
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/10/2004
Subsequent History: Rev. den. 6/9/04

Proposition 36 does not apply to juvenile court adjudications, and the denial of the provisions of Proposition 36 to juveniles does not violate the Equal Protection Clause. Relying on the plain language of Penal Code section 1210.1, the court held that Proposition 36 applies only to those who are convicted of nonviolent drug offenses, not to those who are found to be offenders by the juvenile court. Further, this distinction does not violate equal protection guarantees because the liberty concerns of a minor and those of an adult offender are fundamentally different.