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PEOPLE v. HAYES

Docket No. A024558.

163 Cal.App.3d 371 (1985)

209 Cal. Rptr. 441

THE PEOPLE, Plaintiff and Respondent, v. ROBERT COLLINS HAYES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

January 2, 1985.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, and Arthur Bocanegra, Deputy Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Gloria F. DeHart and Derald E. Granberg, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AGLIANO, J.

Defendant was convicted, by his plea of guilty, of possession of cocaine in violation of Health and Safety Code section 11350. He contends, in this appeal, that the district attorney improperly determined him to be ineligible for diversion from prosecution.

We agree, and reverse the judgment of conviction on the ground that the district attorney's determination that the defendant is ineligible for diversion...

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