Drug Treatment

Name: In re Jose Z.
Case #: F042747
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/10/2004
Subsequent History: Rev. den. 6/9/04
  • Categories: Areas Constitutional Law, Delinquency (602), Disposition Phase, Drug Treatment, Equal Protection, Sentencing

Proposition 36 does not apply to juvenile court adjudications, and the denial of the provisions of Proposition 36 to juveniles does not violate the Equal Protection Clause. Relying on the plain language of Penal Code section 1210.1, the court held…

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Name: People v. Orabuena
Case #: H025987
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/25/2004
  • Categories: Drug Treatment, Sentencing

A trial court has discretion to dismiss a misdemeanor that would make a defendant ineligible for Proposition 36 sentencing. The defendant here was charged with and pled no contest to drug possession charges as well as a Vehicle Code violation…

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Name: People v. Ferrando
Case #: C042104
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/13/2004
Subsequent History: Rev. den. 4/28/04
  • Categories: Drug Treatment, Legislation, Sentencing, Statutory Construction

Appellant was convicted of a violation of Health and Safety Code section 11366, opening or maintaining a place for the use or sale of methamphetamine. The court denied his request to be sentenced under Proposition 36. The appellate court here…

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Name: People v. Wandick
Case #: C040921
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/23/2004
Subsequent History: 2/18/04 opn modified without chg in jmt
  • Categories: Drug Treatment, Sentencing

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.…

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Name: People v. Johnson
Case #: D041023
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/12/2003
Subsequent History: Rehrg. den. 1/12/04; Rev. den. 3/17/04
  • Categories: Drug Treatment, Sentencing

The defendant’s Proposition 36 probation was properly revoked for violations of non-drug-related conditions of probation. Defendant had twice violated her Proposition 36 probation by failing to report, failing to enroll in drug treatment, and failing to appear in court. The…

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Name: People v. Glasper
Case #: H023404
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/01/2003
Subsequent History: Rev. den. 2/18/04
  • Categories: Drug Treatment, Sentencing

The court did not err in finding the defendants ineligible for substance abuse treatment under Proposition 36 despite the prosecution’s failure to plead and prove that the transportation of narcotics was for some purpose other than personal use. A jury…

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Name: People v. Sharp
Case #: C039242
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2003
Subsequent History: None
  • Categories: Drug Treatment, Sentencing

Appellant was convicted of cultivating marijuana, and in this appeal, challenged the court's refusal to treat the case as a Proposition 36 sentencing case. Appellant contended that Prop 36 applies to a conviction for cultivation of marijuana for personal use,…

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Name: People v. Guzman
Case #: H024003
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/08/2003
Subsequent History: Rev. granted 11/12/03: S119129
  • Categories: Areas Constitutional Law, Drug Treatment, Equal Protection, Legislation, Sentencing, Statutory Construction

Appellant committed a nonviolent drug possession offense (NVDPO) while on probation for a nonviolent nonserious felony offense and a misdemeanor offense. His motion for drug treatment under Proposition 36 was denied, and he appealed. The appellate court found that Proposition…

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Name: People v. Floyd
Case #: S105225
Court: CA Supreme Court
District CalSup
Opinion Date: 07/21/2003
Subsequent History: None
  • Categories: Areas Constitutional Law, Drug Treatment, Equal Protection, Sentencing

Proposition 36 does not apply to those defendants who were sentenced prior to the act's effective date of July 1, 2001, but whose judgments were not yet final. The court found controlling the express statutory provisions that the act "shall…

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