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PEOPLE v. SUPERIOR COURT (HENKEL)

No. A096715.

119 Cal.Rptr.2d 465 (2002)

98 Cal.App.4th 78

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Napa County, Respondent; Robert Otto HENKEL, Real Party in Interest.

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

May 2, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Michael E. Banister, Deputy Attorney General, William Kuimelis, Deputy Attorney General, for People.

Terry Davis, Public Defender, and Neil Bowman-Davis, Deputy Public Defender, Public Defender's Office, Attorneys for Real Party in Interest.

No appearance for Respondent.

HAERLE, J.

I. INTRODUCTION

The People challenge the trial court's order granting probation and imposing a drug treatment requirement on real party in interest Robert Otto Henkel. They argue that Henkel is not eligible for probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Pen.Code, § 1210, et seq.)1 because he has a prior strike (§...

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