People v. Beaty, No. F055868

Trial court's revocation of defendant's Proposition 36 probation and imposition of a 30-day sentence in a county jail is reversed and remanded as the authorized use of medical marijuana does not by itself make a nonviolent drug offender unamenable to the treatment mandated by Proposition 36. 

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Appellate Information

Filed January 28, 2010

Judges

Opinion by Judge Wiseman

Counsel
For Appellant:  Michael Allen

For Appellee:   Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Peter H. Smith, Deputy Attorneys General