(Download) "People V. Superior Court Of San Bernardino County" by California Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Superior Court Of San Bernardino County
- Author : California Court of Appeals
- Release Date : January 09, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The People have filed a petition for writ of mandate seeking to set aside an order placing defendant on probation pursuant to Proposition 36. We hold that the defendant is not eligible for drug treatment probation pursuant to Proposition 36. In so holding, we determine that the five-year washout period of Penal Code section 1210.1, subdivision (b)(1), *fn1 must immediately precede the current drug possession conviction in order for the defendant to be eligible for drug treatment. We also find that the defendant was ineligible for drug treatment probation under subdivision (b)(2) of section 1210.1. Accordingly, we will grant the People's petition for writ of mandate and order that the trial court set aside its order granting probation.
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