PEOPLE v. SUPERIOR COURT OF SAN BERNARDINO (JEFFERSON), E030590
The five-year washout period of Penal Code section 1210.1(b)(1), did not immediately precede defendant's current drug possession conviction, making him ineligible for drug treatment probation pursuant to Proposition 36; defendant was also ineligible for drug treatment probation under subdivision (b)(2) of section 1210.1, having been convicted of an unrelated misdemeanor in the same proceeding as the drug conviction.
- Decided 04/09/2002
- Published 04/09/2002
- California Court of Appeal
- For Appellant:
- Dennis L. Stout, District Attorney, Grover D. Merritt, Lead Deputy District Attorney, and Mark A. Vos, Deputy District Attorney, for Petitioner., The Law Offices of Brian E. Skibby and Brian E. Skibby, San Bernardino, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.