California Court of Appeal

Following conviction of defendant for possession of methamphetamine and for being under the influence of methamphetamine, the trial court found that defendant was not amenable to treatment pursuant to section 1210.1(b)(5) of the Penal Code. Order granting defendant three-years probation and imposing multiple conditions including 120 days in county jail is stricken and the trial court directed to impose the mandated 30-day jail sentence where persons who are convicted of simple possession of controlled substances and found to be unalienable to treatment must be sentenced to 30 days in jail, "no more, no less, and nothing else."

Appellate Information

• Decided 10/21/2014
• Published 10/21/2014

Judges

• Perren

Court

• California Court of Appeal

Counsel