IN RE SCOGGINS

No. B151619.

114 Cal.Rptr.2d 508 (2001)

94 Cal.App.4th 650

In re Darrell Eugene SCOGGINS, On Habeas Corpus.

Court of Appeals of California, Second District, Division Two.

December 14, 2001.


Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Albert J. Menaster, Erin Muse, and Alex Ricciardulli, Deputy Public Defenders, for Petitioner.

Steve Cooley, District Attorney, George M. Palmer and Brent Riggs, Deputy District Attorneys, for Real Party in Interest.


COOPER, J.*

SUMMARY

In the general election held November 7, 2000, the voters of California passed Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act or Proposition 36). The Act requires probation and drug treatment, not incarceration, for the commission of "nonviolent drug possession offenses", i.e., possession, use, transportation of controlled substances and similar parole violations. We address...

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