Legal Opinion
In Re DeLong
California Court of Appeal
Decided October 31, 2001No. B151613PublishedCited by 38 opinions
1Opinion of the Court
Opinion
KLEIN, P. J.
Petitioner Janet DeLong (DeLong) seeks a writ of habeas corpus directing respondent superior court to sentence her to probation with no incarceration pursuant to Proposition 36, the drug probation initiative. (Pen. Code, § 1210 et seq.)
The essential issue presented is the applicability of Proposition 36 to a defendant such as DeLong who was adjudged guilty prior to the initiative’s effective date of July 1, 2001, but not sentenced until afterwards.
Proposition 36 applies to defendants convicted on or after July 1, 2001. Conviction within the meaning of section 1210.1 means…
2Cases cited11 opinions
- In Re EstradaCalifornia Supreme Court · 1965
- People v. NasalgaCalifornia Supreme Court · 1996
- People v. HowardCalifornia Supreme Court · 1997
- People v. Pedro T.California Supreme Court · 1994
- Boyll v. State Personnel BoardCalifornia Court of Appeal · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- People v. FloydCalifornia Supreme Court · 2003
- State v. ReisHawaii Supreme Court · 2007
- People v. DelongCalifornia Court of Appeal · 2002
- People v. EsparzaCalifornia Court of Appeal · 2003
- People v. MurilloCalifornia Court of Appeal · 2002
33 more not listed; retrieve them via the Exa API.