Barros

*1584 Opinion

Proposition 36 1 outlines “ ‘an alternative sentencing scheme’ ” for persons convicted of certain drug offenses and mandates probation in lieu of incarceration for most nonviolent drug offenders. (People v. Canty (2004) 32 Cal.4th 1266, 1275 [ 14 Cal.Rptr.3d 1 , 90 P.3d 1168 ] (Canty); see Pen. Code, § 1210.1, subd. (a).) 2 This mandate does not apply, however, to a “defendant who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of a misdemeanor not related to the use of drugs or any felony.” (§ 1210.1, subd. (b)(2) (hereafter, section 1210.1(b)(2)).) The issue presented here is the meaning of the “same proceeding” as that phrase is used in section 1210.1(b)(2).

In this case, Salvador Barros was initially charged in a single accusatory pleading with a misdemeanor violation of a protective order and felony possession of both methamphetamine and cocaine base. After arraignment, the trial court granted Barros’s motion for severance of the charges based on improper joinder. Barros was later convicted by jury of the misdemeanor charge, and entered guilty pleas to felony drug offenses. At sentencing on the drug…