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PEOPLE v. CAMPBELL

No. A104284.

15 Cal.Rptr.3d 188 (2004)

119 Cal.App.4th 1279

The PEOPLE, Plaintiff and Respondent, v. David Lynn CAMPBELL, Defendant and Appellant.

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

Review Denied September 29, 2004.

Attorney(s) appearing for the Case

Carolyn Fershtman, Sebastopol, Under Appointment of the First District Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Nancy H. Tung, Deputy Attorney General, for Plaintiff and Respondent.

LAMBDEN, J.

Defendant had pleaded guilty to a crime covered by Proposition 36, the Substance Abuse and Crime Prevention Act, and received probation. At the hearing for his second drug-related violation of probation, defendant stipulated to an upper term sentence of three years as a condition of receiving outpatient treatment. Prior to the agreement, the trial court had determined that residential treatment was appropriate.

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