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Name: People v. Johnson
Case #: D041023
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/12/2003
Subsequent History: Rehrg. den. 1/12/04; Rev. den. 3/17/04

The defendant’s Proposition 36 probation was properly revoked for violations of non-drug-related conditions of probation. Defendant had twice violated her Proposition 36 probation by failing to report, failing to enroll in drug treatment, and failing to appear in court. The sentencing court revoked her probation and sentenced her to state prison, and the court of appeal upheld the revocation. Failure to report to the probation officer is a violation of a non-drug-related condition of probation , and thus the sentencing court had discretion to revoke probation. Further, the defendant was ineligible for further Proposition 36 treatment due to her complete refusal to undergo drug treatment. Counsel was not ineffective for failing to argue for further treatment under Proposition 36.