IN RE OGEA

No. G033402.

17 Cal.Rptr.3d 698 (2004)

121 Cal.App.4th 974

In re Kenneth Robert OGEA on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

As Modified August 26, 2004.


Attorney(s) appearing for the Case

Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, and Lee Blumen, Deputy Public Defender, for Petitioner Kenneth Robert Ogea.

Tony Rackauckas, District Attorney, and Brian F. Fitzpatrick, Deputy District Attorney, for Respondent State of California.


OPINION

FYBEL, J.

I. INTRODUCTION

A jury convicted Kenneth Robert Ogea of one count of unlawfully possessing methamphetamine in his home while armed with a firearm (Health & Saf.Code, § 11370.1, subd. (a)). By petition for writ of habeas corpus, Ogea challenges the trial court's order denying his request for probation and treatment under Proposition 36, the Substance Abuse and Crime Prevention...

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