Hinkel

Pursuant to a negotiated plea agreement, defendant Bruce Hinkel pleaded no contest to possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)), being under the influence of cocaine (Health & Saf. Code, § 11550, subd. (a)), and driving an unregistered vehicle (Veh. Code, § 4000, subd. (a)). The court deferred entry of judgment and ordered defendant to participate in a drug treatment program. (Pen. Code, § 1000 et seq.; all unspecified statutory references are to the Penal Code.) After defendant’s probation officer filed a notice of unsatisfactory diversion and moved for entry of judgment on defendant’s prior plea, defendant requested and was found eligible for “Prop. 36” probation. (§ 1210.1.) As a condition of his probation, defendant was, again, ordered to participate in a drug treatment program.

Thereafter, defendant participated in the required drug program but was “terminated from treatment for unacceptable behavior by making a threat to the group facilitator” two classes short of completion of the after-care portion of the program. Even so, the trial court allowed him to enroll in a different program so that he could attend the two group sessions he…