People v. Walters

127 Cal.Rptr.2d 267 (2002) 103 Cal.App.4th 936 The PEOPLE, Plaintiff and Respondent,

v.

Ronald Ernest WALTERS, Defendant and Appellant.

No. B158090. Court of Appeal, Second District, Division Three.

November 19, 2002. Review Granted January 22, 2003. [268] Richard L. Fitzer, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc J. Nolan and Lance E. Winters, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

KLEIN, P.J.

Ronald Ernest Walters appeals the judgment (order granting probation) entered following his plea of no contest to possession of methamphetamine and driving under the influence of drugs, a misdemeanor. (Health & Saf.Code, § 11377; Veh.Code, § 23152, subd. (b).) The trial court found Walters ineligible for treatment under Proposition 36. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

According to the report of the probation officer, on December 13, 2001, Los Angeles police officers observed Walters "straddling the road" at 50 miles per hour in a 35 miles per hour zone. Walters had dilated pupils and there was a strong odor of cannabis about his person. The officers arrested Walters for driving under the influence and, in a search incident to that arrest, found two plastic baggies of methamphetamine in Walter's pocket.

Walters was charged with possession of methamphetamine and driving under the influence. With respect to the possession of methamphetamine charge, Walters sought to participate in treatment under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000. (See Pen. Code, §§ 1210, 1210.1.)[1] This statutory initiative established a comprehensive scheme of drug treatment programs for nonviolent drug offenders and mandates probation without incarceration for specified drug offenses, including possession of methamphetamine. Upon successful completion of treatment, the drug offense charge is dismissed. (§ 1210.1, subd. (d).)