California Court of Appeal

MOORE v. SUPERIOR COURT OF SUTTER COUNTY (PEOPLE), C044242

The five-year "washout" period of Proposition 36 commenced when petitioner committed the disqualifying prior felony, not when he was convicted of that felony. As a result, he is not disqualified from Proposition 36 probation.

Appellate Information

• Decided 01/22/2004
• Published 03/30/2004

Judges

• NICHOLSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Michael L. Chastaine,Rothschild, Wishek & Sands, Sacramento, CA, for Petitioner., Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Brian R. Means, Supervising Deputy Attorney General, and Julia Bancroft, Deputy Attorney General, for Real Party in Interest.