Haddad

*272 Opinion

Defendant, Ousama Saadeh Haddad, pled guilty to methamphetamine possession (Health & Saf. Code, § 11377, subd. (a)); marijuana possession (Health & Saf. Code, § 11357, subd. (b)); and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). Defendant appeals from a subsequent probation revocation order. Defendant argues he was found in violation of probation based upon a drug-related offense; therefore, he was improperly denied the opportunity to participate in probation pursuant to Penal Code 1 section 1210.1. This is commonly referred to as Proposition 36 probation. We affirm.

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Elliot (2005) 37 Cal.4th 453 , 466 [ 35 Cal.Rptr.3d 759 , 122 P.3d 968 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) On July 29, 2008, defendant was stopped while riding a bicycle. Defendant was agitated and fidgety, had rapid speech, and his pupils were constricted. Defendant admitted he had used methamphetamine that morning. After defendant was arrested, two baggies containing 1 gram…

I dissent.

In People v. Moniz (2006) 140 Cal.App.4th 86 [ 43 Cal.Rptr.3d 904 ], the defendant was convicted both of various drug possession offenses and of violating Penal Code section 135 by willfully destroying or concealing material that was about to be produced into evidence. The court held that the violation of Penal Code section 135 made the defendant ineligible for Proposition 36 treatment under Penal Code section 1210.1, because the offense was not related to the use of drugs within the meaning of Penal Code section 1210, subdivision (d). The court said that the “purpose of section 135 is to prevent the obstruction of justice.” (People v. Moniz, supra, 140 Cal.App.4th at p. 94 .)

*277 Here, we are not concerned with defendant’s initial eligibility for Proposition 36 treatment, but instead with returning to probation a first-time offender who violated a drug-related condition of probation and who posed no danger to others. 1 (In re Taylor (2003) 105 Cal.App.4th 1394, 1397 [ 130 Cal.Rptr.2d 554 ]; Pen. Code, § 1210.1, subd. (f)(3)(D).) Defendant was not charged with a substantive crime that would render him ineligible for Proposition 36 treatment initially, and did not try…