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Name: People v. Murillo
Case #: E030638
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/23/2002
Subsequent History: Order mod. opinion/no change in judgment 10/28/02. Rev. denied 1/15/03.

Appellant was originally sentenced to 36 months of probation and ordered into a Drug Court rehab program, following a conviction for possession of methamphetamine. She was found in violation of probation after testing positive, and was dropped from the drug court program. Following the violation she requested drug treatment pursuant to Proposition 36. The trial court denied the request and sentenced appellant to state prison, reasoning that appellant was not a viable candidate for Proposition 36 because of the failed drug court program, and also noting it had the discretion to revoke probation. The appellate court here reversed, and remanded with orders that appellant’s probation be reinstated under Proposition 36. The clear intent of Proposition 36 was to prevent trial courts from incarcerating non-violent drug users, and the statute requires a sentence of probation. The trial court here disregarded the mandatory language of the statute. Probation can only be revoked after a finding that the defendant poses a danger to others.