PEOPLE v. KENDRICK

No. F044059.

19 Cal.Rptr.3d 436 (2004)

122 Cal.App.4th 1303

The PEOPLE, Plaintiff and Respondent, v. Frank KENDRICK, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Granted January 19, 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, J. Robert Jibson and Charles Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

VARTABEDIAN, Acting P.J.

The issue before us on this appeal is whether a defendant may validly enter into a plea bargain that permits sentencing under the determinate sentencing law, when the admitted crime is a "nonviolent drug possession offense" for purposes of Proposition 36. (See Pen.Code, §§ 1210, subd. (a), 1210.1.) We conclude he may, and affirm defendant's sentence imposed pursuant...

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