Skip to content
Name: People v. Ayele
Case #: D038700
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/18/2002
Subsequent History: Rev. granted 1/15/03:S111522

Appellant was convicted of possession of cocaine base, a felony, and resisting arrest, a misdemeanor. At sentencing, appellant moved that the court strike the misdemeanor so he could be granted diversion under Proposition 36. The court denied both the motions to strike and for diversion, and sentenced him to five years in state prison. The appellate court here affirmed. Appellant was ineligible for probation under Penal Code section 1210.1, subdivision (b)(2) because of the misdemeanor conviction which was not drug-related. Although the resistance to arrest may have been motivated by the drug possession, the fact that a defendant engages in other offenses because of his drug use does not mean the other offenses involve drugs within the meaning of the statute. Further, the denial of the motion to strike the misdemeanor was not an abuse of discretion. The court cited numerous valid reasons for concluding that appellant was not an appropriate candidate for treatment.