The California Supreme Court affirmed the judgment of the Court of Appeal upholding the trial court’s determination that appellant was not entitled to probation and drug treatment diversion under Proposition 36 where he was convicted of transporting a controlled substance together with misdemeanor driving under the influence. The misdemeanor of driving under the influence is “a misdemeanor not related to the use of drugs” within the meaning of Penal Code section 1201.1, subdivision (b)(2) and section 1210, subdivision (d). Driving under the influence of drugs is not an activity similar to those misdemeanors involving the simple possession, use, or presence at the use of drugs.