California Court of Appeal

Trial court's revocation of defendant's Proposition 36 probation and imposition of a 30-day sentence in a county jail is reversed and remanded as the authorized use of medical marijuana does not by itself make a nonviolent drug offender unamenable to the treatment mandated by Proposition 36.

Appellate Information

• Decided 01/28/2010
• Published 01/28/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.