People v. Superior Court

Opinion

McINTYRE, Acting P. J

The issue presented in this writ proceeding is whether a defendant who is found to have committed a nonviolent drug possession offense (NDPO) is ineligible to be placed on probation and ordered to drug treatment in accordance with the mandatory provisions of Proposition 36 if, at the time of the commission of the NDPO, he was on probation for other, nonqualifying offenses. We answer this question in the negative and deny the People’s petition to set aside the superior court’s order placing defendant on probation.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2006,…