Drug Treatment

Name: People v. Muldrow
Case #: F048923
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/14/2006
  • Categories: Drug Treatment, Sentencing

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…

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Name: People v. Moniz
Case #: C048738
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/06/2006
  • Categories: Drug Treatment, Sentencing

The defendant was not eligible for Proposition 36 probation where his conviction for concealment of evidence was a misdemeanor not related to the use of drugs. After the trial court denied his request for probation, the defendant argued on appeal…

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Name: People v. Budwiser
Case #: C049566
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/07/2006
  • Categories: Drug Treatment, Probation, Probation / Parole / PRCS, Sentencing

The defendant's due process rights were not violated where the court held a single hearing on two petitions to revoke probation. The defendant, who had been placed on probation under Proposition 36, argued on appeal that his statutory and constitutional…

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Name: People v. Chatmon
Case #: A104929
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/23/2005
Subsequent History: rvw. den. 8/31/05
  • Categories: Appeals, Drug Treatment, Sentencing, Waiver of Right

A defendant who received probation under a plea bargain resulting in dismissal of charges and later violates that probation and is ordered to serve time in jail cannot argue on appeal that he was entitled to treatment under Proposition 36.…

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Name: People v. Tanner
Case #: D043571
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/10/2005
  • Categories: Denial of Due Process, Drug Treatment, Sentencing

Revocation of defendant’s Proposition 36 probation was premature because the prosecution had failed to make three separate formally noticed petitions before revoking his probation solely for drug-related reasons. The court here counted the number of violations admitted rather than the…

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Name: People v. Martinez
Case #: B170558
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/28/2005
  • Categories: Drug Treatment, Probation, Probation / Parole / PRCS, Sentencing

The court that accepts a defendant’s plea bargain need not be the same court that holds a later probation revocation hearing in the same case. Here, defendant pled and was placed on probation in one division of the Los Angeles…

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Name: People v. Wheeler
Case #: C045860
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/22/2005
  • Categories: Drug Treatment, Legislation, Sentencing, Statutory Construction

Appellant pleaded guilty pursuant to a negotiated plea bargain, to forging a prescription in violation of Health and Safety Code section 11368. On appeal, he contended that the trial court erred when it denied him treatment pursuant to Proposition 36.…

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Name: People v. Guzman
Case #: S119129
Court: CA Supreme Court
District CalSup
Opinion Date: 03/21/2005
  • Categories: Areas Constitutional Law, Drug Treatment, Equal Protection, Legislation, Sentencing, Statutory Construction

Review was granted in this case to determine whether Proposition 36 violates equal protection principles by failing to make its mandatory probation requirement applicable to those who commit nonviolent drug possession offenses (NDPO's) while on probation for offenses which are…

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Name: People v. Foreman
Case #: A105691
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/31/2005
  • Categories: Drug Treatment, Legislation, Sentencing, Statutory Construction

A violation of Health and Safety Code section 11368, forging a prescription to obtain drugs, is not included in the description of nonviolent drug offenses under Penal Code section 1210, subdivision (a). Thus, treatment under the alternative sentencing provisions of…

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Name: People v. Thurman
Case #: C044448
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/26/2005
Subsequent History: Revw den. 5/11/05
  • Categories: Credits, Drug Treatment, Legislation, Sentencing, Statutory Construction

Appellant pleaded no contest to possession of cocaine, and was granted probation pursuant to Proposition 36, on the condition that he complete a drug treatment program and that he waive his right to any future custody credits for time spent…

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