California Court of Appeal

A conviction for the misdemeanor offense of delaying or resisting an officer, though concurrent with a qualifying drug conviction, was an offense "not related to the use of drugs" within the meaning of Penal Code section 1210.1(b)(2), thus denial of probation and placement in a drug treatment program was proper.

Appellate Information

• Decided 10/18/2002
• Published 10/18/2002

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Greg M. Kane, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.