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IN RE DELONG

No. B151613.

113 Cal.Rptr.2d 385 (2001)

93 Cal.App.4th 562

In re Janet DELONG, on Habeas Corpus.

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

October 31, 2001.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Albert J. Menaster, Michael J. Schultz and Alex Ricciardulli, Deputy Public Defenders, for Petitioner.

Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, and Phyllis C. Asayama, Deputy District Attorney, for Respondent.

KLEIN, P.J.

Petitioner Janet DeLong (DeLong) seeks a writ of habeas corpus directing respondent superior court to sentence her to probation with no incarceration pursuant to Proposition 36, the drug probation initiative. (Pen.Code, § 1210 et seq.)1

The essential issue presented is the applicability of Proposition 36 to a defendant such as DeLong who was adjudged guilty prior...

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