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Name: People v. Haddad
Case #: B212880
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/07/2009

For purposes of Proposition 36 probation, possession of a devise to conceal drug use is not a drug-related violation of probation that would allow for reinstatement on probation violation proceedings. Penal Code section 1210.1 , subdivision (f)(2) holds that if a defendant receives Proposition 36 probation and violates it by committing a non-drug-related offense, reinstatement is not mandatory; rather, the court shall determine if it is appropriate to reinstate defendant on Proposition 36 probation. Here, following a grant of Proposition 36 probation, appellant was found in possession of a device used to provide a urine sample that does not contain evidence of narcotic use, in order to falsely reflect a negative drug test result. Following appellant’s admission of possession of the device, the trial court found appellant ineligible for Proposition 36 probation, ruling that possession of the device was not a drug-related violation of probation. The appellate court upheld the denial of reinstatement, finding that with his conduct, which violated statutes having nothing to do with drugs (preparing false evidence, etc.), appellant intentionally attempted to perpetrate a fraud on the court, which defeats the purpose of Proposition 36.