People v. Williams

Maurice Williams appeals from an October 19, 2001, order revoking his probation and committing him to state prison. The appeal presents issues concerning the application of the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36) on defendants on probation on July 1, 2001, the effective date of the act. We find (1) that Proposition 36 applies to defendants whose probation is revoked after the effective date of the act as a result of an arrest occurring prior to the act’s effective date, and (2) that a defendant’s pre-act violations of probation must be considered in determining whether the defendant is eligible for further probation.

In light of the above findings, we conclude that Proposition 36 applies to appellant, and that under Proposition 36, appellant’s numerous failures on probation rendered him ineligible for further probation. We therefore affirm the order revoking probation.

We find it unnecessary to consider whether Proposition 36 effectively eliminates a trial court’s discretion to revoke probation in other situations.

Factual/Procedural History

The record of appellant’s arrests as an adult dates back to February 9, 1984, and includes…