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Name: People v. Guzman
Case #: B160672
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/30/2003
Subsequent History: None

Appellant was granted probation for his drug offenses, pursuant to Proposition 36, but left the country, failing to report to probation or the drug treatment center. He did not report to either upon his return to the United States, and appeared in court involuntarily after being arrested on a bench warrant. The trial court revoked his Proposition 36 probation and imposed a “non-Proposition-36” probation, a condition of which was 180 days in jail. Appellant challenged the sentence on appeal. Here, the appellate court affirmed the judgment. Appellant rendered himself ineligible for Proposition 36 probation by refusing drug treatment. Failure to report to the drug treatment facility was equivalent to a refusal to undergo drug treatment, not equivalent to someone who commences drug treatment and falters.