supposed to be remanded June 7
Are you asking if you could ask for Prop 36 instead of being sentenced on a plea that you have already taken? Unlikely as you have already worked out your disposition.
In order to be placed on Prop 36, you're going to have to plead guilty to a criminal charge. In any case, this is a bad idea without first consulting with an attorney. You should contact a criminal defense attorney for a consultation. If you can't afford to hire a private attorney, then you need to ask the judge to appoint the public defender when you go to court.
Proposition 36 is codified in California Penal Code section 1210 and 1210.1. Not everyone is eligible. You are eligible, for instance, if there you have no strikes, or a weapon was not present. Also, there can be no other charge for a non-drug case. For instance, DUI and drug possession: since DUI - even if the intoxication was due to drug use - is a crime of DRIVING under an intoxicated state, not just simple possession, so one would not be eligible. One is also not eligible for Prop 36 if the possession of the drugs was for sales and not personal use. One can also be deemed ineligible if there have a number of previous attempts at Prop 36.
If this is a first drug offense, one may be eligible and suitable for "Deferred Entry of Judgment", as codified in Penal Code section 1000. It's a less stringent program than Prop 36 and applies to first timers.
If you entered a plea already to simple possession with a plea bargain agreement, and you otherwise qualify for Prop 36, you may be able to get out of the bargained deal. If you had counsel, you may want to seek to withdraw your plea based on poor advice (ineffective assistance of counsel).
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