People v. Maldonato CA1/4

I.

INTRODUCTION

Appellant has a drug problem. He started consuming alcohol at age 13, and taking drugs at age 15. By age 17, he had tried cocaine, Ecstasy, heroin, marijuana, methadone, methamphetamine and other psychedelic drugs. Appellant’s drug-related convictions include one in 1993 for being intoxicated in a public place, a 2002 Florida conviction for possession of drug paraphernalia, a 2003 Colorado conviction for “possession of cannabis,” a 2005 Colorado conviction for felony possession of a controlled substance, and his current convictions to which he pled guilty, to wit: possession of a controlled substance, possession of LSD for sale, and possession of marijuana for sale. In this case appellant was granted probation. Among the conditions he agreed to was that he not use drugs, including marijuana. He subsequently violated his probation by testing positive for several addictive drugs.

1 In June 2013, appellant sought treatment at the Bayside Marin Intensive Outpatient Program and stated to personnel there that “my drug use is killing me and it’s [sic] time to stop.” He admitted that he needed residential treatment. Despite this, one month later, appellant filed a…