P. v. Guzman 8/8/03 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H024003

Case Date: 08/08/2003

Preview:Filed 8/8/03

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT H024003 (Santa Clara County Super. Ct. No. CC199361)

THE PEOPLE, Plaintiff and Respondent, v. GREGORY GUZMAN, Defendant and Appellant.

In this case we consider whether Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act), applies to a defendant who commits nonviolent drug possession offenses (NVDPOs) while on probation for a nonviolent, nonserious felony offense and a misdemeanor offense.1 Although we conclude that the Act does not apply to such individuals, we hold that their exclusion violates equal protection because of the Act's applicability to similarly situated parolees. Accordingly, we will reverse. FACTS AND PROCEDURAL BACKGROUND In February 2001, defendant Gregory Guzman pleaded no contest to inflicting corporal injury on a cohabitant (Pen. Code,

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