FRIEDECK

People v. FRIEDECK

Good Law
107 Cal. Rptr. 3d 667·183 Cal. App. 4th 892·2010 Cal. App. LEXIS 483
Court of Appeal of CaliforniaApril 8, 2010B213944California1,847 words

Opinion

Opinion

Gilbert, J.

Appellant John Casey Friedeck refused drug treatment as a condition of deferred entry of judgment (DEJ). (Pen. Code, § 1000 et seq.) We conclude his refusal makes him ineligible for probation under Proposition 36. (§ 1210 et seq.) We approve People v. Strong (2006) 138 Cal.App.4th Supp. 1 [ 41 Cal.Rptr.3d 867 ].

FACTS

In April 2008, Friedeck pled guilty to one count of felony possession of a controlled substance, Percocet. The trial court placed him on DEJ for 24 months provided he immediately obtained drug counseling and completed an AIDS education course.

On July 11, 2008, the probation department filed a violation report, alleging that on June 8, 2008, Friedeck was arrested for being under the influence of a controlled substance in violation of Health and Safety Code section 11550, subdivision (a). The report stated, “The defendant has not communicated with the Probation Dept. It is unknown if he has enrolled or participated in any treatment program.” Under the heading “Prop. 36 eligibility,” the report stated, “Given the present information, Defendant [is] not eligible pursuant to People v. Strong.”

On July 17, 2008, Friedeck appeared in court on both the alleged…

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