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PEOPLE v. FRYMAN

No. H020743.

119 Cal.Rptr.2d 557 (2002)

97 Cal.App.4th 1315

The PEOPLE, Plaintiff and Respondent, v. Tommy Lee FRYMAN, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Granted July 31, 2002.

Attorney(s) appearing for the Case

Marylou Hillberg, Santa Rosa under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant, Ronald A. Bass, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Morris Lenk, Deputy Attorney General, Attorneys for Plaintiff and Respondent.

WUNDERLICH, J.

I. Introduction

At the General Election on November 7, 2000, the electorate passed Proposition 36, an initiative entitled the "Substance Abuse and Crime Prevention Act of 2000" (the Act). The Act dramatically changed the penal consequences for those convicted of nonviolent drug possession offenses. In particular, such offenders are placed on probation for mandatory drug treatment instead of "being sent to prison...

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