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PEOPLE v. MURILLO

No. E030638.

126 Cal.Rptr.2d 358 (2002)

102 Cal.App.4th 1414

The PEOPLE, Plaintiff and Respondent, v. Patricia Ann MURILLO, Defendant and Appellant.

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

As Modified October 28, 2002.

As Modified on Denial of Rehearing November 19, 2002.

As Modified November 22, 2002.

Review Denied January 15, 2003.

Attorney(s) appearing for the Case

Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Holley A. Hoffman and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HOLLENHORST, J.

Defendant, Patricia Ann Murillo, appeals from an order revoking probation and sentencing her to 16 months in state prison. She contends the trial court erred in its determination that she was ineligible for probation pursuant to Proposition 36. We agree. Accordingly, we reverse.

PROCEDURAL HISTORY AND FACTS

On August 16, 1999, defendant pled guilty to charges of felony possession of methamphetamine (Health...

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