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PEOPLE v. KOESTER

Docket No. 14084.

53 Cal.App.3d 631 (1975)

126 Cal. Rptr. 73

THE PEOPLE, Plaintiff and Respondent, v. WILBUR J. KOESTER, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 11, 1975.

Attorney(s) appearing for the Case

COUNSEL

Keogh, Marer & Flicker, Michael R. Flicker and Gerald Z. Marer for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and M. Janice Smith, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LAZARUS, J.*

There is but one issue for determination on this appeal. Did the trial court properly rule that because appellant was charged with violating Health and Safety Code section 11368 (issuing fictitious prescriptions for narcotic drugs) he is not eligible for diversion as a drug offender to a treatment and rehabilitation center under Penal...

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