In Re Scoggins

Opinion

COOPER, J. *

Summary

In the General Election held November 7, 2000, the voters of California passed Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act or Proposition 36). The Act requires probation and drug treatment, not incarceration, for the commission of “nonviolent drug possession offenses”, i.e., possession, use, transportation of controlled substances and similar parole violations. We address the interplay between the Act and deferred entry of judgment statutes, and find that where (1) a defendant committed a nonviolent drug offense within the meaning of…