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PEOPLE v. WHEELER

No. C045860.

26 Cal.Rptr.3d 138 (2005)

127 Cal.App.4th 873

The PEOPLE, Plaintiff and Respondent, v. Richard George WHEELER, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied June 22, 2005.

Attorney(s) appearing for the Case

Rita L. Swenor, 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, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.

NICHOLSON, J.

Pursuant to a negotiated bargain, defendant Richard George Wheeler entered a plea of guilty to issuing or forging a prescription for a narcotic drug in violation of Health and Safety Code section 11368 (section 11368). He appeals the denial of his request for treatment under Proposition 36 (Pen.Code, § 1210 et seq.), contending the trial court erred in ruling his offense was ineligible for such treatment. We conclude forgery of a prescription in...

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