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Name: People v. Muldrow
Case #: F048923
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/14/2006

Muldrow was convicted of possession of methamphetamine, and admitted four prior prison terms. He was sentenced to state prison for seven years. On appeal, he contended that the trial court erred in finding that a parole hold and the expectation that he would return to prison for a parole violation made him ineligible for Prop 36 drug treatment (Penal Code section 1210.1). The appellate court agreed and vacated the sentence. A defendant is unamenable for drug treatment if he is unavailable to participate due to incarceration. Here, it was not certain that Muldrow would be unavailable because the parole violation was not even proved at the time of sentencing, and parole could have been reinstated.