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PEOPLE v. ESPARZA

No. C040863.

132 Cal.Rptr.2d 377 (2003)

107 Cal.App.4th 691

The PEOPLE, Plaintiff and Respondent, v. Jesus ESPARZA, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied June 25, 2003.

Attorney(s) appearing for the Case

Deborah Prucha, Woodland, 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, Stan Cross, Supervising Deputy Attorney General, Susan J. Orton, Deputy Attorney General, for Plaintiff and Respondent.

Certified For Partial Publication.*

ROBIE, J.

This case presents two questions concerning eligibility for drug treatment programs established by Proposition 36. First, may a trial court send a defendant to prison for violating probation in a nondrug case when the violation is a new conviction for a drug possession felony? Second, if the trial court does send a defendant to...

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