California Court of Appeal

7-year total sentence after conviction of one count of possession of methamphetamine, and admission to serving four prior prison terms, is vacated as to the sentence where the trial court erred when it excluded the defendant from Proposition 36 treatment based only on the expectation that he may be committed to prison on an alleged parole violation.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Tim Warriner, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Mathew Chan, Deputy Attorneys General, for Plaintiff and Respondent.