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Name: In re Scoggins
Case #: B151619
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 12/14/2001
Subsequent History: None

Appellant committed a drug offense prior to the enactment of Proposition 36, but the court deferred judgment under Penal Code section 1000 et seq. Prior to the end of that probationary period, and after the passage of Proposition 36, appellant failed to appear and the court terminated the deferred entry of judgment and reinstated criminal proceedings. The court sentenced appellant to probation with a sixty day jail sentence. Here, the appellate court granted appellant’s petition for writ of habeas corpus. Because appellant was convicted after the effective date of Proposition 36, he was entitled to its benefits regarding sentencing, and remand was required.