People v. Mitchell

Jerome Mitchell, an alcoholic, was convicted of petty theft with a prior conviction of petty theft (Pen. Code, §§ 488/666) and sentenced to a suspended three-year aggravated term. Probation conditions included his promise to abstain from the use of intoxicating beverages, undertake a program of Antabuse, not to violate the laws of the State of California, etc.; and to report as directed by the probation office. He attacks the validity of violating his probation for failing to abide by the alcohol-related conditions, claiming his “disease” insured noncompliance.

On December 4, 1979, the date Mitchell appeared for sentencing on this charge, he was presently serving a year in custody on a drunk driving matter in Camp Viejas, where he was undergoing alcohol rehabilitation. During sentencing, Mitchell asked the court for probation and to be allowed to remain in the Camp Viejas alcohol treatment program. The sentencing court asked Mitchell if he understood the above conditions, and others, and he personally assured the court he fully understood them. More than that, he specifically and personally agreed to accept the grant of probation and to abide by each condition. Having…