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PEOPLE v. BARASA

No. D038830.

126 Cal.Rptr.2d 628 (2002)

103 Cal.App.4th 287

The PEOPLE, Plaintiff and Respondent, v. Daniel BARASA, Defendant and Appellant.

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

Rehearing Denied November 15, 2002.

Review Denied January 22, 2003.

Attorney(s) appearing for the Case

Anita P. Jog, Appellate Defenders, Inc., 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, Gil P. Gonzalez and Carl H. Horst, Deputy Attorneys General, for Plaintiff and Respondent.

HUFFMAN, Acting P.J.

Daniel Barasa was convicted by pleas of guilty of one instance of possession for sale and one instance of transporting of a controlled substance. Barasa appeals, arguing that with respect to the transportation conviction, Penal Code section 1210.1, enacted by Proposition 36 in 2001 (Prop. 36, § 5, eff. July 1, 2001, approved Nov. 7, 2000), which mandates probation in cases involving drug possession for personal use, should be extended to...

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