People v. Superior Court

Opinion

WARD, J.

The People have filed a petition for writ of mandate seeking to set aside an order placing defendant on probation pursuant to Proposition 36. We hold that defendant is not eligible for drug treatment probation pursuant to Proposition 36. In so holding, we determine that the five-year washout period of Penal Code section 1210.1, subdivision (b)(1),1 must immediately precede the current drug possession offense in order for defendant to be eligible for drug treatment. We also find that defendant was ineligible for drug treatment probation under subdivision (b)(2) of section…