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PEOPLE v. STURIALE

No. F033825.

98 Cal.Rptr.2d 865 (2000)

82 Cal.App.4th 1308

The PEOPLE, Plaintiff and Respondent, v. Anthony John STURIALE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied November 15, 2000.

Attorney(s) appearing for the Case

Christopher Blake, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney, David P. Druliner, Assistant Attorney General, Michael J. Weinberger and Brett H. Morgan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT

GILDNER, J.*

Anthony John Sturiale, appellant, contends: (1) the trial court erred when it concluded it could not "overrule" the prosecution's determination he was ineligible for the deferred entry of judgment process (Pen.Code,1 §§ 1000-1000.4); (2) People v. Harvey (1979) 25 Cal.3d 754,

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