When will a court revoke a defendant's probation and sentence him to prison for failing to complete drug treatment?

California, United States of America


The following excerpt is from People v. Chandler, E058225 (Cal. App. 2014):

citing to Guzman, supra, 109 Cal.App.4th at pages 341, 349. We disagree. While defendant did "commence" drug treatment in April 2012 and "faltered" three months later in July, the court gave him five additional months, until December 2012, in which to enroll in drug treatment. Defendant simply did not do so, despite numerous court appearances6 and a direct order from the court on November 27, 2012, to provide proof of enrollment by December 27. We find this to be an "'abysmal probation record' of 'repeated and flagrant violations of probation' [showing] that . . . he . . . has, 'in effect, refused[d] drug treatment as a condition of probation' and 'is thus ineligible for another reinstatement of Proposition 36 probation." (People v. Bauer (2011) 193 Cal.App.4th 396, 401.) For this reason, we affirm the trial court's order revoking defendant's probation and sentencing him to prison.

The trial court's order is affirmed.

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