P. v. Robertson
After being granted probation pursuant to Proposition 36, appellant failed to return to court as ordered. A bench warrant was issued and the warrant remained outstanding for almost eight months. Appellant ultimately appeared in court because he was arrested on the warrant. He admitted he was in violation of probation for failing to return to court as ordered. The trial court found appellant had made no progress in the Proposition 36 program and that his absence from court demonstrated he was no longer a viable candidate for the program. Proposition 36 probation was terminated and a state prison sentence was imposed.
Appellant contends the trial court erred by refusing to reinstate Proposition 36 probation. We affirm the judgment because appellant’s lengthy absence from court and his failure to enroll in a drug treatment program supported the trial court’s decision.
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