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PEOPLE v. DAVIS

No. C040635.

129 Cal.Rptr.2d 48 (2003)

104 Cal.App.4th 1443

The PEOPLE, Plaintiff and Respondent, v. Reginald Antwan DAVIS, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified January 22, 2003.

and February 4, 2003.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

William M. Duncan, under appointment by the Court of Appeal, Columbia, SC, for Defendant and Appellant.

Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Rachelle A. Newcomb, Acting Supervising Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

After a probation violation hearing, the trial court lifted a stay of a two-year prison sentence imposed on defendant Reginald Antwan Davis at the time of his conviction for possession of methamphetamine. Defendant contends this order improperly deprived him of the benefits of Proposition 36. We agree and shall reverse.

BACKGROUND

On April 6, 1999, defendant was charged with possession of...

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