California Court of Appeal

Trial court's judgment enjoining Governor Schwarzenegger and other defendants from enforcing Senate Bill No. 1137 sections 1-12 that sought to amend the Substance Abuse and Crime Prevention Act of 2000 (hereafter Proposition 36) is affirmed where: 1) certain challenged sections of the Senate Bill 1137 allowing incarceration for drug-related probation violations, when that sanction would be prohibited by Proposition 36, cannot be deemed to be consistent with the purposes of the Proposition; and 2) Senate Bill 1137's provision for a popular vote, if any part of Senate Bill 1137 is invalidated, is itself invalid.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• MARCHIANO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Altshuler Berzon, Jonathan Weissglass and Stacey M. Leyton, San Francisco, for Plaintiffs and Respondents., Drug Policy Alliance, Daniel N. Abrahamson, Theshia Naidoo and Tamar Todd, for Plaintiffs and Respondents., Edmund G. Brown Jr., Attorney General, Jonnathan K. Renner, Senior Assistant Attorney General, Douglas J. Woods and Kathleen A. Lynch, Deputy Attorneys General for Defendants and Appellants., Francisco J. Silva, and Long X. Do, San Francisco, for California Medical Association and California Psychiatric Association as Amici Curiae on behalf of Plaintiffs and Respondents.