The trial court correctly held that the defendant was ineligible for treatment under Proposition 36 where, while awaiting trial on his drug possession case, the defendant committed grand theft and was sentenced to two years in prison for that offense. While Penal Code section 1210.1, subdivision (b), only excludes defendants from treatment under subdivision (a) of that section for certain prior and contemporaneous offenses, the court agreed with the prosecution that the defendant here fell outside the spirit of Proposition 36, and thus treatment under that section was properly denied.