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PEOPLE v. BOWEN

No. C044731.

22 Cal.Rptr.3d 655 (2004)

125 Cal.App.4th 101

The PEOPLE, Plaintiff and Respondent, v. Roger George BOWEN, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied March 23, 2005.

Attorney(s) appearing for the Case

Betsy S. Kimball, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Janis Shank McLean, Supervising Deputy Attorney General, Aaron R. Maguire, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

Defendant Roger George Bowen appeals from an order revoking his probation and sentencing him to state prison to the middle term of two years for possession of heroin. Defendant claims that the trial court erred in denying him: (1) drug treatment and rehabilitation under Proposition 36 (Pen.Code,1 § 1210.1); and (2) presentence credit for time he spent in a court-ordered residential treatment program as a condition of probation...

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