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PEOPLE v. ERIBARNE

No. F044634.

22 Cal.Rptr.3d 417 (2004)

124 Cal.App.4th 1463

The PEOPLE, Plaintiff and Respondent, v. John Edgar ERIBARNE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied March 30, 2005.

Attorney(s) appearing for the Case

Deborah Prucha, under appointment by the Court of Appeal, Woodland, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Clayton S. Tanaka, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

DAWSON, J.

Proposition 36, also known as the Substance Abuse and Crime Prevention Act of 2000 (the Act), was approved by the voters of California on November 7, 2000.1 It requires, with certain exceptions, that "any person convicted of a nonviolent drug possession offense shall receive probation" and "[a]s a condition of probation the court shall require participation...

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