Drug Treatment

After failing a deferred entry of judgment program, appellant's probation officer moved for entry of judgment on the prior plea. Appellant requested and was found eligible for Proposition 36 probation, and was again ordered into drug treatment. He was terminated…

A misdemeanor conviction for driving with a blood alcohol content of .08 percent or higher renders a defendant ineligible for treatment under Proposition 36. The court here disqualified Eribarne because the prior conviction was a misdemeanor involving a threat of…

A defendant convicted of drug possession while armed is not eligible for probation under Proposition 36. The defendant was convicted of a violation of Health and Safety Code section 11370.1, subdivision (a), possession of a controlled substance while armed with…

Where the sentencing court abdicated its authority and allowed appellant to choose his own treatment facility under Proposition 36, and further required appellant to stipulate to a three-year suspended prison term in order to receive Proposition 36 treatment, appellant was…

Appellant was placed on Proposition 36 probation following a no contest plea to possession of methamphetamine. He subsequently violated probation by failing to report to the mental health "gatekeeper" for initial evaluation. The trial court found him in violation, found…

Petitioner sought a writ of mandate contending he was eligible for Proposition 36 sentencing, because although he had a conviction within the five-year "washout" period, the conviction was for an offense which occurred in 1997, which was outside the washout…