Campbell

This case involves Proposition 36, an initiative measure passed in the November 2000 general election that enacted the Substance Abuse and Crime Prevention Act of 2000 (hereafter the Act). In general, the Act mandates drug treatment, rather than incarceration, for defendants, probationers, and parolees who commit qualifying offenses or violate qualifying conditions of probation or parole. (Prop. 36, § 1; see Historical and Statutory Notes, 51 West's Ann. Pen.Code (2003 supp.) foll. § 1210, p. 221.)

In this case, we hold that when a probationer commits both qualifying and nonqualifying offenses or probation violations, the Act does not apply.

In 1999, defendant Kenneth Lawrence Campbell was convicted of possessing heroin and placed on probation. In July 2001, the court revoked probation, finding defendant not amenable to drug treatment, and sentenced him to prison. On appeal from the judgment, defendant claims that in basing the revocation on nonamenability, the court violated a statutory provision of Proposition 36. We disagree and affirm the judgment.

In November 1999, defendant pleaded guilty to possession of heroin, and the court placed him on probation for…