P. v. Castillo
Appellant, Benito Trevino Castillo, was charged in an information with possession of methamphetamine (Health & Saf. Code, 11377, subd. (a), count one) and being under the influence of a controlled substance (Health & Saf. Code, 11550, subd. (a), count two). At the conclusion of a jury trial on August 30, 2007, the jury found appellant guilty of count one but failed to reach a verdict on count two. On September 5, 2007, the trial court granted the prosecutors motion to dismiss count two and placed appellant on probation for three years pursuant to Proposition 36. Appellant contends the trial court improperly delegated its authority to select a particular drug treatment program and to determine when it is successfully completed to the probation department. Appellant contends the trial courts order that appellant not associate with anyone on probation or parole was vague and overbroad. Appellant finally argues that the trial court failed to obtain a proper waiver from appellant that as a term of probation appellant would not be permitted time in a treatment facility as custody credit.
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