PEOPLE v. GUZMAN

No. S119129.

25 Cal.Rptr.3d 761 (2005)

35 Cal.4th 577

107 P.3d 860

The PEOPLE, Plaintiff and Respondent, v. Gregory GUZMAN, Defendant and Appellant.

Supreme Court of California.

Certiorari Denied October 3, 2005.


Attorney(s) appearing for the Case

Jose R. Villarreal, Public Defender, and Seth Flagsberg, Deputy Public Defender, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Catherine A. Rivlin, William Kuimelis, Seth K. Schalit, Bridget Billeter and Jill M. Thayer, Deputy Attorneys General, for Plaintiff and Respondent.

David R. LaBahn; George Kennedy, District Attorney (Santa Clara); Bonnie M. Dumanis, District Attorney (San Diego), Anthony Lovett and James Valliant, Deputy District Attorneys, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


Certiorari Denied October 3, 2005. See 126 S.Ct. 144.

CHIN, J.

The Substance Abuse and Crime Prevention Act of 2000(Act), which the voters of California enacted through Proposition 36, requires courts to order probation and community-based drug treatment rather than incarceration for certain criminal offenders who commit "`nonviolent drug possession offense[s]'" (NDPO's). (Pen. Code, § 1210, subd. (a)....

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