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Name: People v. Garcia
Case #: F039327
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/27/2002
Subsequent History: Rev. granted 2/11/03: S112688
Summary

Appellant pleaded guilty to possession of methamphetamine and misdemeanor driving under the influence of methamphetamine. On appeal, he challenged the trial court’s denial of his request to be placed on probation and ordered into treatment pursuant to the provisions of Proposition 36. The trial court denied appellant’s request because his driving under the influence conviction was a “misdemeanor not related to the use of drugs” within the meaning of section 1210.1, subdivision (b)(2). The appellate court here affirmed. The offense of driving under the influence of drugs is “not related” to drug use within the meaning of section 1210.1, subdivision (b)(2) and does not involve the simple use or possession of drugs within the meaning of the section. The offense “implicates the public safety and the very real threat of injury to others.”