California Court of Appeal

Prosecution's petition for writ of mandate challenging an order placing defendant on probation for nonviolent drug possession offenses is denied as a defendant who is found to have committed a nonviolent drug possession offense is eligible for probation and drug treatment in accordance with the mandatory provisions of Proposition 36 if, at the time of the NDPO, he was on probation for other, non-qualifying offenses.

Appellate Information

• Decided 01/04/2007
• Published 01/04/2007

Judges

• McINTYRE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bonnie M. Dumanis, District Attorney, Catherine Stephenson, Craig E. Fisher, and Richard D. Huffman II, Deputy District Attorneys, for Petitioner., Timothy A. Chandler, Alternate Public Defender and Matthew A. Mohun, Deputy Public Defender for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.