People v. ERIBARNE

Opinion

DAWSON, J.

Proposition 36, also known as the Substance Abuse and Crime Prevention Act of 2000 (the Act), was approved by the voters of California on November 7, 2000. It requires, with certain exceptions, that “any person convicted of a nonviolent drug possession offense shall receive probation” and “[a]s a condition of probation the court shall require participation in and completion of an appropriate drug treatment program.” (Pen. Code, § 1210.1, subd. (a).) For those offenders who qualify for Proposition 36 probation and drug treatment, “[a] court may not impose incarceration as an…