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Name: People v Atwood
Case #: C042683
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/18/2003
Subsequent History: None

The trial court revoked defendant’s probation under Proposition 36 for the first time for failing to complete her drug treatment program and for failing to keep an appointment with her probation officer, without making a finding that defendant posed a danger to others. Since a first violation of a drug-related condition of probation requires another grant of probation unless the defendant is found to be a danger to others, the appellate court remanded for further proceedings to determine whether her failure to follow the probation officer’s order to meet was “drug-related.”