California Court of Appeal

Appearing (or failing to appear) for a drug test satisfies the definition of a "drug-related" condition of probation under Proposition 36 (Pen. Code, section 1210.1). Thus trial court's order for incarceration is vacated.

Appellate Information

• Decided 02/04/2003
• Published 02/04/2003

Judges

•  RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Michael P. Judge, Public Defender, Albert J. Menaster, Alice McVicker and Alex Ricciardulli, Deputy Public Defenders, for Petitioner., Steve Cooley, District Attorney, Brentford J. Ferreira and Patricia Martinez, Deputy District Attorneys, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.