People v. Superior Court

Introduction

In this petition for a writ of mandate, the People seek to vacate the trial court’s order granting real party in interest, defendant Angelica Natasha Martinez, probation and drug treatment under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000. Defendant was granted drug treatment and probation after she pleaded guilty to nonviolent drug possession offenses and admitted having a 1987 prior strike conviction. According to the People, defendant was not eligible for drug treatment and probation because she has a 1987 prior strike conviction and committed a felony weapons offense within five years immediately preceding her commission of the 2001 nonviolent drug possession offenses. (Pen. Code, § 1210.1, subd. (b)(1).) 1 We agree that the trial court erred and will therefore issue a peremptory writ of mandate.

Factual and Procedural Background

A. Defendant’s Current Offenses and Conviction Record

Defendant was charged with one felony count of possessing cocaine (Health & Saf. Code, § 11350, subd. (a)), one misdemeanor count of being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), and one misdemeanor…