P. v. Nguyen
Defendant was charged with three drug-use or possession violations along with violation of Vehicle Code section 14601.2, subdivision (a), driving while his license was suspended or revoked as a result of a previous conviction of driving under the influence (DUI). At trial, defendant moved under Penal Code section 1385 to dismiss the Vehicle Code violation in order to make him eligible for probation and drug treatment under Proposition 36The Substance Abuse and Crime Prevention Act of 2000. The court denied the motion and defendant was subsequently convicted by a jury on all counts. He later received a prison term of three years. On appeal, defendant contends that the court abused its discretion in refusing to dismiss the Vehicle Code violation since that was the only obstacle in the way of his Proposition 36 eligibility, and he as well as society would benefit from him, an addict, undergoing drug rehabilitation. He further contends that he received ineffective assistance of counsel for his attorneys failure to have renewed the motion to dismiss at sentencing. Court reject these contentions and affirm the judgment.
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