California Court of Appeal

Penal Code section 1210.1(b)(2) precludes probation and diversion when, in the same proceeding, a defendant is convicted of a drug possession offense and of misdemeanor driving while under the influence of drugs.

Appellate Information

• Decided 11/21/2002
• Published 11/21/2002

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven J. Carroll, Public Defender, Marian Modrak and Edward Kinsey, Deputy Public Defenders, for Petitioner., Diane Nichols for Appellate Defenders, Inc., as Amicus Curiae on behalf of Petitioner, San Diego, upon the request of the Court of Appeal., Paul J. Pfingst, District Attorney, Gregory Thompson, Assistant District Attorney, Anthony Lovett and Richard S. Armstrong, Deputy District Attorneys, for Real Party in Interest., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr. and Marvin E. Mizell, Deputy Attorneys General, for the State as Amicus Curiae on behalf of Real Party in Interest, upon the request of the Court of Appeal.


• For Appellees:
  
• No appearance for Respondent.