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PEOPLE v. McALISTER

Docket No. H006399.

225 Cal.App.3d 941 (1990)

275 Cal. Rptr. 229

THE PEOPLE, Plaintiff and Respondent, v. KIP WAYNE McALISTER, Defendant and Appellant.

Court of Appeals of California, Sixth District.

October 31, 1990.

Attorney(s) appearing for the Case

COUNSEL

Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Aileen Bunney and Christopher J. Wei, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CAPACCIOLI, Acting P.J. —

Summary

Defendant appeals after he pled guilty to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)), and was placed on probation for three years on condition he serve ninety days in jail. On appeal defendant argues the trial court erred by refusing to consider the merits of his motion to compel diversion. (Pen. Code, § 1000 et seq.) Alternatively...

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