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PEOPLE v. CANTU

No. H024717.

5 Cal.Rptr.3d 389 (2003)

112 Cal.App.4th 729

The PEOPLE, Plaintiff and Respondent, v. David CANTU, Jr., Defendant and Appellant.

Court of Appeals of California, Sixth District.

Rehearing Denied November 6, 2003.

Review Granted January 14, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Acting Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, William Kuimelis, Deputy Attorney General, for Plaintiff/Respondent, The People.

Sixth District Appellate Program, In association with Kathleen Novoa, for Defendant/Appellant.

PREMO, Acting P.J.

Defendant David Cantu, Jr. was convicted of possessing methamphetamine and driving with a blood alcohol content of greater than 0.08 percent. On appeal defendant contends that the trial court erred in finding him ineligible to be sentenced pursuant to the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). (Pen.Code, §§ 1210, 1210.1.) We shall affirm.

A. Background

Defendant had been stopped by police for...

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