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Name: People v. Hazle
Case #: C052041
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/29/2007

Under a grant of Proposition 36 probation, a defendant is entitled to three distinct periods of probation before he can be found ineligible for continued drug probation because of drug-related probation violations. Proposition 36 recognizes that drug abusers often initially falter in recovery and one lapse is likely to result in multiple grounds for violating probation. For this reason, Proposition 36 was structured to give the probationer three strikes before he is no longer suitable for drug probation. To effect this purpose, before a probationer will be disqualified, the People must move three times to revoke probation and the action must be accompanied by notice on the probationer. In this case, appellant admitted a first drug-related petition for violation of probation and was reinstated. A second petition for revocation was filed and appellant denied the allegations. A third petition was then filed alleging acts occurring before the filing of the second petition. Appellant’s motion to consolidate the second and third petition on the grounds that the statute’s purpose intended that appellant receive two chances to reform was denied, appellant was found in violation and sentenced to state prison. The appellate court reversed, noting that where no notice of one petition is given before the conduct underlying the next petition occurs, it would be improper to treat the result as if the People had made separate noticed motions.