Drug Treatment

Since defendant was on probation on July 1, 2001, he was eligible for Proposition 36 drug treatment even though his conviction and initial grant of probation into drug treatment program predated its effective date. He violated probation in September 2001…

Joining all other reported decisions, the Sixth District holds that the washout period for a prior strike conviction in a proceeding under Proposition 36 (Pen. Code, sec. 1210.1, subd.(b)(1)) refers to the period immediately preceding the commission of the nonviolent…

Walters was arrested for driving under the influence, and arresting officers seized two bags of methamphetamine from his pocket. On appeal, Walters challenged the trial court’s finding that the driving under the influence charge rendered him ineligible to participate in…

Appellant Trumble was arrested for driving under the influence and possession of controlled substances. On appeal, she challenged the trial court’s finding that the driving under the influence charge rendered her ineligible to participate in treatment under Proposition 36. The…

Appellant pleaded guilty to possession of methamphetamine and misdemeanor driving under the influence of methamphetamine. On appeal, he challenged the trial court’s denial of his request to be placed on probation and ordered into treatment pursuant to the provisions of…

Defendant was not statutorily eligible for probation under Proposition 36 where he was convicted of transportation of cocaine. Under the facts of the case, it was clear that appellant was selling cocaine where he handed a bag of a dozen…

Appellant was convicted of possession of cocaine base, a felony, and resisting arrest, a misdemeanor. At sentencing, appellant moved that the court strike the misdemeanor so he could be granted diversion under Proposition 36. The court denied both the motions…

Appellant was originally sentenced to 36 months of probation and ordered into a Drug Court rehab program, following a conviction for possession of methamphetamine. She was found in violation of probation after testing positive, and was dropped from the drug…

Where a defendant successfully completes a drug program under Proposition 36, and fulfils probation conditions, resulting in the setting aside of the original drug conviction, he or she may still obtain appellate review of the underlying trial proceedings.

The misdemeanor offense of driving under the influence of drugs renders one ineligible for treatment under Proposition 36, because it is an offense which does not involve the "simple possession or use of drugs." It requires the additional element of…