California Court of Appeal

PEOPEL v. ESPARZA, C040863

Defendant was ineligible for Proposition 36 treatment on a nondrug-related felony, even though the drug possession felony was the cause of his probation revocation. Since defendant was sent to prison and is unavailable to participate in a Proposition 36 drug treatment program, he also may be sentenced to prison on the drug possession felony.

Appellate Information

• Decided 04/01/2003
• Published 04/01/2003

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Deborah Prucha, Woodland, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, Susan J. Orton, Deputy Attorney General, for Plaintiff and Respondent.