INMATE ORDERED FREED IN PROP. 36 DISPUTE

For the second time in less than a week, a state appellate court has
ordered a Los Angeles County inmate released from jail because of
ambiguities in Proposition 36.

A second appellate district panel issued the order Tuesday in response to a
writ filed by the Los Angeles County public defender's office.

The statewide initiative went into effect July 1, but did not make clear
whether drug offenders convicted before that date should be eligible for
treatment instead of jail time. Darrell Eugene Scoggins pleaded guilty to
drug charges before July 1 but was not sentenced until after the cutoff
date. A judge decided he was not eligible for sentencing under Proposition
36, his appellate attorney said.

Attorneys will appear before the panel of justices to argue the issue on
Sept. 20.