People v. SUPERIOR COURT (HENKEL)

Opinion

HAERLE, J.

I. Introduction

The People challenge the trial court’s order granting probation and imposing a drug treatment requirement on real party in interest Robert Otto Henkel. They argue that Henkel is not eligible for probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Pen. Code, § 1210 et seq.) 1 because he has a prior strike (§ 1192.7, subd. (c)(18)) and, seven months before committing the drug possession offense in this matter, was convicted of committing another felony. We agree and, accordingly, grant the petition for a writ of mandate.

II.…