In Re DeLong

Petitioner Janet DeLong (DeLong) seeks a writ of habeas corpus directing respondent superior court to sentence her to probation with no incarceration pursuant to Proposition 36, the drug probation initiative. (Pen. Code, § 1210 et seq.)

The essential issue presented is the applicability of Proposition 36 to a defendant such as DeLong who was adjudged guilty prior to the initiative’s effective date of July 1, 2001, but not sentenced until afterwards.

Proposition 36 applies to defendants convicted on or after July 1, 2001. Conviction within the meaning of section 1210.1 means adjudication of guilt and sentencing. Therefore, a defendant found guilty before the initiative’s effective date of July 1, 2001, but not sentenced until afterwards, was convicted after the effective date and comes within the ambit of Proposition 36. Accordingly, we grant the relief requested by DeLong.

Factual and Procedural Background

On November 21, 2000, an information was filed alleging that on August 10, 2000, DeLong committed the crime of possession of a controlled substance, namely cocaine, in violation of Health and Safety Code section 11350, subdivision (a), a felony. The case was tried…