California Court of Appeal

Under Proposition 36, the trial court could only revoke probation and send defendant to prison without making additional findings if at least one of the conditions violated was not a drug-related condition. Because the prosecution had the burden to show that at least one violation was not drug-related, the judgment is reversed and the case remanded to the trial court for a re-opened probation revocation hearing.

Appellate Information

• Decided 07/18/2003
• Published 07/18/2003

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  William Davies, 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 and Daniel Bernstein, Deputy Attorney General, for Plaintiff and Respondent.