California, United States of America
The following excerpt is from People v. Stirnaman, C057223 (Cal. App. 1/29/2009), C057223 (Cal. App. 2009):
The record before the trial court did not show defendant was an addict or in danger of becoming one. It showed that he was convicted of drug possession and went to prison in 1994, was convicted of drug possession and being under the influence of drugs in 1998 and, after violating probation, went to prison, and was convicted of drug transportation and sent to prison in 2002. He had a number of other convictions, and three other prison commitments. But the last indication in the probation report that he used drugs was in 1998. The fact that defendant had used drugs in the past did not compel the trial court to find he was now an addict, or about to become an addict. (See People v. Young (1991) 228 Cal.App.3d 171, 184-185; People v. Flores (1979) 92 Cal.App.3d 461, 469-470.) The trial court was not compelled to believe defendant's claim, made with no corroboration, that his criminality stemmed from drugs.
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