People v. Canty

Opinion

GEORGE, C. J.

Following the enactment of Proposition 36, the “Substance Abuse and Crime Prevention Act of 2000,” which took effect July 1, 2001, a defendant who has been convicted of a “nonviolent drug possession offense” must receive probation and diversion into a drug treatment program, and may not be sentenced to incarceration as an additional term of probation. (Pen. Code, § 1210.1, subd. (a).) A defendant is ineligible for probation and diversion to such a program, however, if he or she has been “convicted in the same proceeding of a misdemeanor not related to the use of drugs or…