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PEOPLE v. GUZMAN

No. H024003.

3 Cal.Rptr.3d 339 (2003)

The PEOPLE, Plaintiff and Respondent, v. Gregory GUZMAN, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Granted November 12, 2003.

Attorney(s) appearing for the Case

Jose R. Villarreal, Public Defender, Seth Flagsberg, Deputy Public Defender, for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, William Kuimelis, Deputy Attorney General, for the Respondents.

RUSHING, P.J.

In this case we consider whether Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act), applies to a defendant who commits nonviolent drug possession offenses (NVDPOs) while on probation for a nonviolent, nonserious felony offense and a misdemeanor offense.1 Although we conclude that the Act does not apply to such individuals, we hold that their exclusion violates equal protection because of the Act...

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