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PEOPLE v. RANGEL

No. G021244.

82 Cal.Rptr.2d 589 (1999)

70 Cal.App.4th 350

The PEOPLE, Plaintiff and Respondent, v. William RANGEL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

February 25, 1999.

Attorney(s) appearing for the Case

Joyce Meisner Keller, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Raquel M. Gonzalez and Crystal L. Bradley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, J.

In this case, we hold a trial court has discretion to order a diagnostic evaluation under Welfare and Institutions Code section 707.2 (all further statutory references are to the Welfare and Institutions Code unless otherwise indicated) where the indicated sentence plus the defendant's age do not exceed 25 years. We reject the prosecution's contention that, in order to determine eligibility for a study, the court may consider only...

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