People v. Harbison
Annotate this CaseDefendant was convicted of possession of methamphetamine and being under the influence of methamphetamine. On appeal, defendant challenged the trial court's finding that defendant was not amenable to treatment under the Substance Abuse and Crime Prevention Act of 2000, Pen. Code 1210.1, subdivision (a). The trial court placed him on probation for three years and imposed multiple conditions including 120 days in county jail. The court concluded that the trial court erred by failing to impose the 30 day mandated sentence under section 1210.1, subdivision (b)(5). Consequently, the court modified the judgment by striking the order granting probation and directed the trial court to impose the 30 day sentence on remand.
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