Trumble

Paul J. Pfingst, District Attorney, Gregory Thompson, Assistant District Attorney, Anthony Lovett and Richard S. Armstrong, Deputy District Attorneys, for Real Party in Interest.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr. and Marvin E. Mizell, Deputy Attorneys General, for the State as Amicus Curiae on behalf of Real Party in Interest, upon the request of the Court of Appeal.

McDONALD, J.

Petitioner Linda Trumble pleaded guilty to possession of a controlled substance (Health & Saf.Code, § 11377, subd. (a)) and to misdemeanor driving a vehicle while under the influence of drugs (Veh. Code, § 23152, subd.(a)). She sought probation and diversion under Penal Code section 1210 et seq. [1] The trial court denied the request because probation and diversion are unavailable under section 1210.1, subdivision (b)(2) for a defendant convicted in the same proceeding of a misdemeanor offense "not related to the use of drugs," and concluded that driving while under the influence of drugs is an offense not related to the use of drugs within the meaning of subdivision (b)(2). Trumble…