California Court of Appeal

After court convicted defendant for narcotics possession based on guilty plea, placed him on probation conditioned on completion of drug treatment program, revoked his probation and imposed a prison term, court's denial of credit for 88 days defendant spent in a residential drug treatment program is reversed as Proposition 36 placement in a drug treatment program is perfectly consistent with criteria for custody credits.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• KRIEGLER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• California Appellate Project, Jonathan B. Steiner, Executive director, Richard L. Fitzer, Staff Attorney, under appointments by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Anna R. Duarte and Robert F. Katz, Deputy Attorneys General, for Plaintiff and Respondent.