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Gardner v. Schwarzenegger, No. A122920

Trial court's judgment enjoining Governor Schwarzenegger and other defendants from enforcing Senate Bill No. 1137 sections 1-12 that sought to amend the Substance Abuse and Crime Prevention Act of 2000 (hereafter Proposition 36) is affirmed where: 1) certain challenged sections of the Senate Bill 1137 allowing incarceration for drug-related probation violations, when that sanction would be prohibited by Proposition 36, cannot be deemed to be consistent with the purposes of the Proposition; and 2) Senate Bill 1137's provision for a popular vote, if any part of Senate Bill 1137 is invalidated, is itself invalid.     

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Filed November 5, 2009


Opinion by Judge Marchiano


For Appellant:  Edmund G. Brown Jr., Attorney General, Jonnathan K. Renner, Senior Assistant Attorney General, Douglas J. Woods and Kathleen A. Lynch, Deputy Attorneys General

For Appellee:  Altshuler Berzon, Jonathan Weissglass and Stacey M. Leyton,