In Re Jose Z.

The 2000 voter initiative known as Proposition 36 requires courts to place those convicted of nonviolent drug possession offenses on probation and in drug treatment programs and prohibits them from incarcerating these offenders. (Pen. Code, §§ 1210, 1210.1.) In this appeal, we address whether the juvenile court’s failure to apply Proposition 36 to a minor violated the equal protection clauses of the Fourteenth Amendment to the United States Constitution or article I, section 7 of the California Constitution. We conclude that it did not because minors adjudged in violation of nonviolent drug possession offenses are not similarly situated to adults convicted of these offenses with respect to the legitimate purposes of the law. We also hold that the trial court properly stated the maximum term of confinement to be one year and four months under Welfare and Institutions Code section 726, subdivision (c). In the unpublished portion of this opinion, we determine that the trial court properly denied the minor’s motion to suppress evidence.

PROCEDURAL HISTORY

On January 27, 2003, the People filed a juvenile wardship petition alleging that appellant Jose Z. (the minor) committed…