(Download) "People V. Canty" by In the Supreme Court of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Canty
- Author : In the Supreme Court of California
- Release Date : January 27, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
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).) *fn1 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 any felony." (Pen. Code, § 1210.1, subd. (b)(2).) *fn2 An offense is defined as one "not related to the use of drugs" if it does not involve the defendant's "simple possession or use" of drugs or drug paraphernalia, presence where drugs are being used, or failure to register as a drug offender, or any similar activity. (§ 1210, subd. (d).)