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PEOPLE v. FOREMAN

No. A105691.

23 Cal.Rptr.3d 714 (2005)

126 Cal.App.4th 338

The PEOPLE, Plaintiff and Respondent, v. Ronny Boyce FOREMAN, Defendant and Appellant.

Court of Appeals of California, First District, Division 3.

January 31, 2005.

Attorney(s) appearing for the Case

Leslie Prince, Suisun City, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, and Ayana A. Cuevas, Deputy Attorneys General, for Plaintiff and Respondent.

CORRIGAN, J.

Here we conclude that forging or presenting a forged prescription to obtain drugs, in violation of Health and Safety Code section 11368, does not fall under Proposition 36.

FACTUAL AND PROCEDURAL BACKGROUND

Our discussion of the facts is limited because no preliminary hearing was conducted and defendant agreed to a court trial based on the police reports. Defendant was arrested when he appeared at a pharmacy to collect a prescription...

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