People v. Gutierrez
Annotate this CaseAfter defendant was convicted of unlawful possession of a firearm and served two years in prison, he was released and placed on postrelease community supervision (PRCS). Defendant was on PRCS when he was arrested for being under the influence of a controlled substance and tested positive for methamphetamine. The trial court found him in violation of PRCS, ordered him to serve 60 days in jail, and granted him 52 days of credit (including actual custody and conduct credits). Proposition 36, Penal Code section 1210.1, mandates that, as a general rule, a person who commits a non-violent drug possession offense should be referred to drug treatment rather than to jail. In this case, the court concluded that the trial court erred when it imposed a jail term without first determining whether defendant qualifies for drug treatment under Proposition 36. Therefore, the court remanded the matter for a finding on this issue. The court also concluded that the trial court's order revoking defendant's PRCS did not violate his rights to due process or equal protection. Accordingly, the court affirmed in all other respects.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.