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PEOPLE v. BURNS

Docket No. H015837.

53 Cal.App.4th 1171 (1997)

THE PEOPLE, Plaintiff and Respondent, v. ROBBIE OWEN BURNS, Defendant and Appellant.

Court of Appeals of California, Sixth District.

March 27, 1997.

Attorney(s) appearing for the Case

COUNSEL

Biggam, Christensen & Minsloff and Heather A. Elrick for Defendant and Appellant.

Jose R. Villarreal, Public Defender (Santa Clara), Ronald A. Norman, Alternate Public Defender, and Stephen B. Elrick, Deputy Alternate Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Arthur Danner III, District Attorney, and Ellen Bell Campos, Assistant District Attorney, for Plaintiff and Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Gerald A. Engler and Peggy S. Ruffra, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

ELIA, J.

In this case we must determine whether the five-year period in former Penal Code section 1000, subdivision (a)(5),1 which indicates that a defendant is eligible for drug diversion only if he has not previously been diverted within five years of the new arrest, dates from the initial grant of diversion or from the completion of the diversion...

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