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Name: People v. Esparza
Case #: C040863
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/01/2003
Subsequent History: None

As Proposition 36 treatment (Pen. Code, secs. 1210, 1210.1, 3063.1) is mandated for qualifying defendants, its application is not waived on appeal the failure to seek it at the trial court level. However, Proposition 36 only applies when the underlying offense is a drug offense. Merely because the case is currently before the court includes a violation of probation constituting a drug offense does not qualify the person for Proposition 36 treatment. Also, the fact that a defendant now has one case making him eligible does not require Proposition 36 treatment when the defendant is sentenced to state prison on the underlying offense, as the imprisonment will make it impossible for him to comply with the terms of the rehabilitation program.