People v. SUPERIOR COURT (TURNER)

Opinion

GRIGNON, Acting P. J.

In the November 2000 General Election, the voters of California adopted Proposition 36, an initiative measure entitled “Drugs, Probation and Treatment Program.” Proposition 36, codified in Penal Code section 1210 et seq., 1 provides that an individual convicted of a “nonviolent drug possession offense” (§ 1210.1, subd. (a)) shall be sentenced to probation and ordered to complete a court-supervised drug treatment program in lieu of incarceration. (Ibid.) The probation and drug treatment program is generally inapplicable to individuals who have suffered prior serious…