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PEOPLE v. ORABUENA

No. H025987.

10 Cal.Rptr.3d 99 (2004)

116 Cal.App.4th 84

The PEOPLE, Plaintiff and Respondent, v. Timothy Robert ORABUENA, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified March 24, 2004.

Attorney(s) appearing for the Case

Kathleen Woods Novoa, Big Sur, for Appellant (under appointment by the Court of Appeal).

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Jill M. Thayer, Deputy Attorney General, for Respondent.

McADAMS, J.

The Substance Abuse and Crime Prevention Act of 2000 (hereafter Proposition 36 or the Act) provides that persons convicted of certain nonviolent drug offenses shall be ordered to probation and receive drug treatment in lieu of incarceration. The Act excludes certain defendants from its purview, including someone like defendant Timothy Orabuena who has been...

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