California Court of Appeal

In a conviction of a defendant for a misdemeanor violation of a protective order and felony possession of both methamphetamine and cocaine base, the sentencing judge's denial of defendant's request for Proposition 36 probation on the basis that the misdemeanor and the drug offense convictions occurred in the "same proceeding" within the meaning of section 1210.1(b)(2) is reversed and remanded where: 1) convictions occur in the "same proceeding" if the underlying charges are properly joined in the same accusatory pleading under section 954; and 2) because the sentencing judge was constrained by the earlier ruling that the charges were not properly joined, defendant was entitled to Proposition 36 probation.

Appellate Information

• Decided 10/16/2012
• Published 10/16/2012

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel