People v. Hazle

Opinion

MORRISON, J.

Proposition 36 ordinarily allows eligible drug users three chances at probation before a trial court may send a defendant to prison, although the relevant statutes do not guarantee this result. In this case defendant’s second and third probation revocation petitions were adjudicated at one time, a common practice we have endorsed. (People v. Budwiser (2006) 140 Cal.App.4th 105 [44 Cal.Rptr.3d 296] (Budwiser).) However, in this case the facts supporting the third revocation petition took place before the second petition was filed. Nevertheless, when the trial court sustained…