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PEOPLE v. DAVENPORT

No. B194281.

55 Cal.Rptr.3d 473 (2007)

148 Cal.App.4th 240

The PEOPLE, Plaintiff and Respondent, v. Earl DAVENPORT, Defendant and Appellant.

Court of Appeal of California, Second District, Division Five.

March 1, 2007.

Attorney(s) appearing for the Case

California Appellate Project, Jonathan B. Steiner, Executive director, Richard L. Fitzer, Staff Attorney, under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Anna R. Duarte and Robert F. Katz, Deputy Attorneys General, for Plaintiff and Respondent.

KRIEGLER, J.

Following his 2004 narcotics possession conviction, defendant was placed on probation conditioned on his participation and completion of an appropriate drug treatment program, pursuant to Proposition 36, the Substance Abuse Crime Prevention Act of 2000, (Pen.Code, §§ 1210-1210.5).1 Defendant's probation was later revoked. The trial court imposed a two-year prison term...

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