California Court of Appeal

Revocation of defendant's Proposition 36 probation and a resultant prison sentence is reversed where the trial court erred here in revoking defendant' Proposition 36 probation and sentencing him to two years in prison on what had to be treated as only the first petition to revoke his probation. Under the circumstances, defendant's Proposition 36 probation cannot not be revoked, no matter how many violations of probation may be involved, unless the state proves the defendant poses a danger to others.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kathrine Hart, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Virna L. DePaul, Deputy Attorney General, for Plaintiff and Respondent.