P. v. Jackson
Charles Wesley Jackson was convicted by plea of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and appeals from the order granting him probation after the trial court found he was not amenable to Proposition 36 drug treatment (Pen. Code, § 1210.1, subd. (b)(5)). We affirm.
Proposition 36
Proposition 36 mandates probation and drug treatment, instead of incarceration, for persons convicted of a "nonviolent drug possession offense. . . ." (Pen. Code, § 1210.1, subd. (a).)[1] Subdivision (b) of section 1210.1, however, excludes five categories of defendants from Proposition 36 drug treatment. Of relevance is subdivision (b)(4) which excludes "[a]ny defendant who refuses drug treatment as a condition of probation." Subdivision (b)(5) excludes "any defendant who (A) has two separate convictions for nonviolent drug possession offenses, (B) has participated in two separate courses of drug treatment pursuant to subdivision (a), and (C) is found by the court, by clear and convincing evidence, to be unamenable to any and all forms of available drug treatment. . ."
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