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USE OF A WHIZANATOR PERMITS TERMINATION OF PROP 36 PROBATION-OOPS!

16
Aug

OK, tied for outrage of the week. The defendant here was on Prop. 36 probation. He used a whizanator device to produce fake urine during a drug test. Incredibly, over an excellent dissent, the California Court of Appeal rules that use of the whizanator isn’t drug related and so permits termination of 36 without three chances. The majority says that this is preparing false evidence, violating California Penal Code sec. 134, and interferes with the peace officer, namely the probation officer, violating California Penal Code sec. 148. WHAT?
People v. Haddad; 2009 DJ DAR 11525; DJ, 8/7/09; C/A 2nd, Div. 5

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