PEOPLE v. HAZLE

No. C052041.

69 Cal.Rptr.3d 16 (2007)

157 Cal.App.4th 567

The PEOPLE, Plaintiff and Respondent, v. Barry Ansten HAZLE, Defendant and Appellant.

Court of Appeal of California, Third District.

As Modified December 21, 2007.


Attorney(s) appearing for the Case

James H. Dippery, Jr., under appointment by the Court of Appeal, Weaverville, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Angelo S. Edralin, Deputy Attorney General, for Plaintiff and Respondent.


MORRISON, J.

Proposition 36 ordinarily allows eligible drug users three chances at probation before a trial court may send a defendant to prison, although the relevant statutes do not guarantee this result. In this case defendant's second and third probation revocation petitions were adjudicated at one time, a common practice we have endorsed. (People v. Budwiser (2006) 140 Cal.App.4th 105,

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