Legal Opinion

People v. Esparza

California Court of Appeal

Decided April 1, 2003No. C040863PublishedCited by 23 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

ROBIE, J.

This case presents two questions concerning eligibility for drug treatment programs established by Proposition 36. First, may a trial court send a defendant to prison for violating probation in a nondrug case when the violation is a new conviction for a drug possession felony? Second, if the trial court does send a defendant to prison for violating probation in the nondrug case, is the defendant still eligible for Proposition 36 drug treatment in the drug possession case?

Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Act), was approved by voters on…

2Cases cited7 opinions

  1. People v. WelchCalifornia Supreme Court · 1993
  2. People v. WelchCalifornia Supreme Court · 1993
  3. In Re DeLongCalifornia Court of Appeal · 2001
  4. People v. MurilloCalifornia Court of Appeal · 2002
  5. In Re MehdizadehCalifornia Court of Appeal · 2003

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. People v. GuzmanCalifornia Court of Appeal · 2003
  2. People v. EspinozaCalifornia Court of Appeal · 2003
  3. People v. Dove IIICalifornia Court of Appeal · 2004
  4. People v. HarbisonCalifornia Court of Appeal · 2014
  5. People v. WheelerCalifornia Court of Appeal · 2005

18 more not listed; retrieve them via the Exa API.

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