A defendant on probation for a non-Proposition 36 offense who then commits a nonviolent drug possession offense may be eligible for Proposition 36 probation on the new offense. Statutory exceptions aside, defendant will be entitled to probation pursuant to Penal Code section 1210.1 on the new drug offense if he is legally capable of complying with conditions of probation under the statutory scheme. The court rejected the People’s argument that the Supreme Court had created a new exception to Proposition 36 eligibility in People v. Guzman (2005) 35 Cal.4th 577, noting that unlike Guzman, here appellant did not seek Proposition 36 probation for the prior probation offenses.