California Court of Appeal

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People v. Juhasz, C068288

Judgment sending defendant to state prison for 16 months after findings by two judges that he was unamenable for Proposition 36 drug treatment within the meaning of Penal Code section 1210.1 (b)(4) and (b)(5), is vacated and remanded, where: 1) a defendant's refusal of drug treatment in a prior case or cases cannot be used pursuant to subdivision (b)(4) to exclude him or her from Proposition 36 treatment in a different case; and 2) the evidence is insufficient to support a finding that defendant was disqualified from Proposition 36 treatment pursuant to subdivision (b)(5).

Appellate Information

  • Decided 10/03/2013
  • Published 10/03/2013

Judges

  • RAYE

Court

  • California Court of Appeal

Counsel