Appellant committed a nonviolent drug possession offense (NVDPO) while on probation for a nonviolent nonserious felony offense and a misdemeanor offense. His motion for drug treatment under Proposition 36 was denied, and he appealed. The appellate court found that Proposition 36 does not apply to such individuals, but because their exclusion violates equal protection because of Proposition 36’s applicability to similarly situated parolees, reversal was required.