Judge Berzon concurs and says: "I note that, as a practical matter, my understanding of the
statute and the majority’s will not diverge very often. The
occasions on which a defendant commits a controlled
substance offense and then is arrested for another such
offense before the judicial disposition on the first one will not
be frequent. But they will occur occasionally."
Given the nature of drug abuse, I'm confident that the number of times this will transpire will not fall anywhere near the "rare" category. But the word "occasionally" covers an awful lot of ground. So I cannot disagree with what Judge Berzon says.
