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PEOPLE v. GARCIA

No. C038797.

120 Cal.Rptr.2d 725 (2002)

99 Cal.App.4th 38

The PEOPLE, Plaintiff and Respondent, v. Eric Patrick GARCIA, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Granted August 28, 2002.

Attorney(s) appearing for the Case

Athena Shudde, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, and Tiffany S. Shultz, Deputy Attorney General, for Plaintiff and Appellant.

ROBIE, J.

In this case we consider whether a misdemeanor petty theft count based upon the theft of drugs, the possession of which is charged as a felony, disqualifies a defendant from the benefits of Proposition 36.

Defendant Eric Patrick Garcia pled guilty to possession of fentanyl, a controlled substance (Health & Saf.Code, § 11350, subd. (a)), and misdemeanor petty theft of fentanyl (Pen.Code, § 484).1 The trial...

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