People v. Davenport

Opinion

KRIEGLER, J.

Following his 2004 narcotics possession conviction, defendant was placed on probation conditioned on his participation and completion of an appropriate drug treatment program, pursuant to Proposition 36, the Substance Abuse Crime Prevention Act of 2000 (Pen. Code, §§ 1210-1210.5). Defendant’s probation was later revoked. The trial court imposed a two-year prison term, but refused to credit defendant for the 88 days he spent in a residential drug treatment program as part of his Proposition 36 sentence. The trial court ruled as a matter of law that time spent in a drug…