People v. Haddad

MOSK, J., Dissenting.

I dissent.

In People v. Moniz (2006) 140 Cal.App.4th 86 [43 Cal.Rptr.3d 904], the defendant was convicted both of various drug possession offenses and of violating Penal Code section 135 by willfully destroying or concealing material that was about to be produced into evidence. The court held that the violation of Penal Code section 135 made the defendant ineligible for Proposition 36 treatment under Penal Code section 1210.1, because the offense was not related to the use of drugs within the meaning of Penal Code section 1210, subdivision (d). The court said that the…