Delong

Introduction

In the case of In re DeLong (2001) 93 Cal.App.4th 562 [ 113 Cal.Rptr.2d 385 ], we addressed the threshold issue of when Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, and Penal Code section 1210.1, subdivision (a), enacted thereunder, first applied in a criminal proceeding. Today, in the published portion of this opinion, we return to Proposition 36 and, in another case of first impression, we decide an issue at the opposite end of the timeline of issues presented in Proposition 36 proceedings. Janet DeLong has appealed from the judgment (order granting probation) entered following her conviction by jury of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). She was placed on probation for three years.

We hold here that although the appellant Janet DeLong’s conviction for possession was set aside pursuant to Proposition 36, because she successfully completed the prescribed drug treatment program and fulfilled her probation conditions, her appeal was not thereby rendered moot. That is so because she is entitled to an opportunity to clear her name and rid herself of the stigma of criminality. In addition, the conviction…