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Name: In re Mehdizadeh
Case #: B161117
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/29/2003
Subsequent History: Order mod opinion and Rehg. denied 2/27/03. Rev. denied 5/21/03.

Appellant was a probationer covered by the provisions of Proposition 36 when the trial court revoked his probation and incarcerated him pending a formal hearing on first time violations of drug-related conditions of probation. He filed a petition for writ of habeas corpus, and OSC was issued. In this opinion, the appellate court held that under the statute, probation cannot be revoked the first time a probationer violates a drug-related probation condition unless there is evidence the probationer poses a danger to society. Probationers subject to Proposition 36 can only have their probation revoked in accordance with the statute, even though the trial court has the general power to revoke in the interests of justice. Even if the trial court had authority to summarily revoke petitioner’s probation, it abused its discretion in not releasing petitioner on his own recognizance pending the revocation hearing.