People v. Gutierrez – Prop 36 applies where there is a PRCS violation

On March 2, 2016, the California Court of Appeal for the Second District decided People v. Gutierrez.  It held that where a defendnat is on PRCS, and the nature of an alleged violation is non violent drug possession, Penal Code section 1210.1 applies and the person should be referred to drug treatment rather than jail.  It reversed the trial court’s sentence to 60 days in county jail.

The full text of the decision can be read here: http://law.justia.com/cases/california/court-of-appeal/2016/b264167.html