What is the test for probation under Section 1210.1, subdivision (a) of the California Penal Code, and what is the definition of "nonviolent drug possession"?
California, United States of America
The following excerpt is from People v. Duke, B250784 (Cal. App. 2014):
Penal Code 1210.1, subdivision (a), which codified portions of Proposition 36, provides that "any person convicted of a nonviolent drug possession offense shall receive probation." (See People v. Guzman (2005) 35 Cal.4th 577, 585.) As relevant, nonviolent drug possession is "possession for personal use" of a controlled substance. (Pen. Code, 1210, subd. (a); In re Ogea (2004) 121 Cal.App.4th 974, 982.) The defendant has the
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