Legal Question in Criminal Law in California

Proposition 36

Does Proposition 36 apply to defendants charged with drug possession offenses in 2000 or 2001 that were prior to July 1, 2001- where sentencing is yet to take place?


Asked on 7/11/01, 6:01 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Proposition 36

Sentencing is done using the law as it exists at the time of sentencing. If the punishment goes up or down between the time the crime is commited and the time of sentencing, the sentence is as the law exists at the time of sentencing.

I've reviewed Proposition 36 and see no details that would change that rule.

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Answered on 7/12/01, 1:31 pm


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