Can a defendant who has been convicted of a non-violent drug possession offence receive probation and diversion into a drug treatment program?

Under Proposition 36 a defendant who has been convicted of a "`nonviolent drug possession offense'" must receive probation and diversion into a drug treatment program. (People v. Canty (2004) 32 Cal.4th 1266, 1272.) However, certain defendants are excluded from diversion and treatment under Proposition 36. As is relevant here, among those excluded are "Any defendant who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of a misdemeanor not related to the use of drugs . . . ." (Pen. Code, 1210.1, subd. (b)(2).) Here, in addition to being convicted of transporting methamphetamine, appellant was convicted in the same proceeding of driving on a suspended license (Veh. Code, 14601.1, subd. (a)), and driving without a current license (Veh. Code, 12500, subd. (a)). Neither offense is related to the use of drugs and both convictions disqualified appellant from Proposition 36 probation. (Pen. Code, 1210.1, subd. (b)(2).)