P. v. Lopez
Defendant Gabriel Jose Lopez, Jr., found guilty of violating drug-related and non-drug-related conditions of his probation for drug rehabilitation under Proposition 36 (Pen. Code, 1210 et seq.,[1]added by Initiative Measure Prop 36, eff. July 1, 2001, approved Nov. 7, 2000 (Prop 36)), appeals following revocation of his Prop 36 probation and imposition of a prison sentence for the underlying narcotics conviction. Defendant contends the trial court sentenced him to prison based in part on the courts unawareness of a 2006 legislative amendment (Sen. Bill 1137 (SB 1137)) to section 1210.1, allowing the court to use short-term jail incarceration as a tool to enhance compliance with a Prop 36 rehabilitation program. ( 1210.1, subd. (f)(2);[2]Stats. 2006, ch. 63, 7, effective July 12, 2006.)
We accordingly affirm defendants conviction but vacate his sentence and remand for further proceedings. Court do not suggest that the trial court impose any particular sentence on remand, nor does anything in this opinion preclude any party from contending in the trial court that the 2006 amended version of section 1210.1 is unconstitutional an issue that we do not reach.
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