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Name: People v. Dagostino
Case #: F042059
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/14/2004

Appellant was placed on Proposition 36 probation following a no contest plea to possession of methamphetamine. He subsequently violated probation by failing to report to the mental health “gatekeeper” for initial evaluation. The trial court found him in violation, found that the condition violated was not drug-related, and therefore excluded him from further treatment under Proposition 36. On appeal, appellant contended that the failure to report to the “gatekeeper” was a drug-related condition of probation, and he should not have been excluded from Proposition 36 treatment. The appellate court here agreed and remanded. A drug-related condition of probation includes a probationer’s treatment program, employment, and counseling. The record showed that appellant wouldn’t be placed in the appropriate program until he met with the “gatekeeper” who would evaluate his circumstances and determine the requisite treatment. Meeting with him was therefore a drug-related condition of probation.