People v. ORABUENA

Opinion

McADAMS, J.

The Substance Abuse and Crime Prevention Act of 2000 (hereafter Proposition 36 or the Act) provides that persons convicted of certain nonviolent drug offenses shall be ordered to probation and receive drug treatment in lieu of incarceration. The Act excludes certain defendants from its purview, including someone like defendant Timothy Robert Orabuena who has been convicted in the same proceeding of a misdemeanor that is not related to the use of drugs. (Pen. Code, § 1210.1, subd. (b)(2).)

In this case, we consider whether the trial court has the discretion under Penal Code 1…