What is the effect of Proposition 36 on a defendant who committed a nondrug felony while awaiting trial on his drug charge?

The court also concluded that the defendant's commission of a nondrug felony while awaiting trial on his drug charge "took him out of the class of nonviolent substance abusers for whom the voters intended rehabilitative treatment when they passed Proposition 36," noting that at the time he committed the drug offense, he was already on informal probation for no fewer than five additional crimes. It noted that "[t]he purpose of the initiative was to get immediate help for nonviolent drug addicts, not to provide a `Get Out of Jail Free' card to career criminals who also happen to partake of drugs" and that the trial court was not required to apply Proposition 36 literally where such application would plainly conflict with the intent of the statute. (People v. Wandick, supra, 115 Cal.App.4th at p. 135, 9 Cal.Rptr.3d 167.)