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PEOPLE v. SUPERIOR COURT (JEFFERSON)

No. E030590.

118 Cal.Rptr.2d 529 (2002)

97 Cal.App.4th 530

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; Charles O'Neal JEFFERSON, Real Party in Interest.

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

April 9, 2002.

Attorney(s) appearing for the Case

Dennis L. Stout, District Attorney, Grover D. Merritt, Lead Deputy District Attorney, and Mark A. Vos, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

The Law Offices of Brian E. Skibby and Brian E. Skibby, San Bernardino, for Real Party in Interest.

OPINION

WARD, J.

The People have filed a petition for writ of mandate seeking to set aside an order placing defendant on probation pursuant to Proposition 36. We hold that the defendant is not eligible for drug treatment probation pursuant to Proposition 36. In so holding, we determine that the five-year washout period of Penal Code section 1210.1, subdivision (b)(1),1 must immediately...

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