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Name: People v. Friedeck
Case #: B213944
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/08/2010

A defendant’s refusal to undergo drug treatment as a condition of deferred entry of judgment (DEJ) makes him ineligible for Prop. 36 probation. After pleading guilty to possession of Percocet, the court placed appellant on DEJ and ordered him to undergo drug counseling. A DEJ violation alleged appellant was arrested for being under the influence. It further alleged appellant would not be eligible for Prop. 36 probation because there was no evidence of enrollment in drug treatment. Appellant admitted being in violation of the DEJ order and was sentenced to prison. At a subsequent credits hearing, appellant requested Prop. 36 probation, but the request was not entertained. Appellant argued on appeal that his implied refusal to undergo drug treatment did not make him ineligible for Prop. 36. The Court of Appeal affirmed, relying on People v. Strong (2006) 138 Cal.App.4th Supp. 1. As that case recognized, even though no sentence is imposed when DEJ is granted, it is the equivalent of probation. Prop. 36 does not require that the refusal of drug treatment occur post conviction, or that treatment is refused under a particular program. Because the conviction in this case was entered after appellant refused to participate in drug treatment, that is sufficient to preclude Prop. 36 eligibility.