In re Delong

In In re Delong (2001) 93 Cal.App.4th 562, the Court held that a defendant is not "convicted" of a nonviolent drug possession offense within the meaning of section 1210.1, subdivision (a), until the defendant has been adjudged guilty of such an offense and judgment has been pronounced thereon. Therefore, we concluded that, in proceedings in which the defendant was adjudged guilty before, but judgment was pronounced after, the effective date of Proposition 36, the trial court erroneously ruled that Proposition 36 was inapplicable because of the circumstance that the defendant was adjudged guilty before the effective date of the proposition. Accordingly, we held that the trial court violated Proposition 36 by imposing incarceration on the defendant as a condition of probation. (In re DeLong, supra, 93 Cal. App. 4th at pp. 566-571.)