PEOPLE v. ESPINOZA

No. A100485.

132 Cal.Rptr.2d 670 (2003)

107 Cal.App.4th 1069

The PEOPLE, Plaintiff and Respondent, v. Miguel Rafael Canceco ESPINOZA, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Rehearing Denied May 12, 2003.


Attorney(s) appearing for the Case

Ozro William Childs, under appointment by the Court of Appeal, Santa Rosa, Attorney for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Acting Senior Assistant Attorney General, Moona Nandi, Acting Supervising Deputy Attorney General, Kelly M. Croxton, Deputy Attorney General, Attorneys for Plaintiff and Respondent.


MARGULIES, J.

Defendant Miguel Rafael Canceco Espinoza, an illegal alien subject to deportation, pleaded no contest to possession of heroin and was sentenced to 16 months in state prison. Defendant contends the trial court erred in denying him probation under the provisions of Proposition 36. In view of the substantial likelihood that defendant will be deported, we hold that probation is not mandatory under Proposition 36 because it is impossible to condition such...

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