MOORE v. SUPERIOR COURT

No. C044242.

12 Cal.Rptr.3d 383 (2004)

117 Cal.App.4th 401

Paul Roger MOORE, Petitioner, v. The SUPERIOR COURT of Sutter County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Third District.

January 22, 2004.


Attorney(s) appearing for the Case

Michael L. Chastaine, Rothschild, Wishek & Sands, Sacramento, CA, for Petitioner.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Brian R. Means, Supervising Deputy Attorney General, and Julia Bancroft, Deputy Attorney General, for Real Party in Interest.


NICHOLSON, Acting P.J.

Petitioner Paul Roger Moore seeks a writ of mandate, contending he is eligible for probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000. (Pen.Code, §§ 1210, 1210.1, 3063.1; Health & Saf.Code, § 11999.4 et seq.)1 Proposition 36 requires the court to grant probation and drug treatment to any defendant convicted of a nonviolent drug possession offense and prohibits...

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