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PEOPLE v. SUPERIOR COURT

No. D049026.

52 Cal.Rptr.3d 889 (2007)

146 Cal.App.4th 518

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Sean Curtis Edwards, Real Party in Interest.

Court of Appeal of California, Fourth District, Division One.

January 4, 2007.

Attorney(s) appearing for the Case

Bonnie M. Dumanis, District Attorney, Catherine Stephenson, Craig E. Fisher, and Richard D. Huffman II, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Timothy A. Chandler, Alternate Public Defender and Matthew A. Mohun, Deputy Public Defender for Real Party in Interest.

McINTYRE, Acting P.J.

The issue presented in this writ proceeding is whether a defendant who is found to have committed a nonviolent drug possession offense (NDPO) is ineligible to be placed on probation and ordered to drug treatment in accordance with the mandatory provisions of Proposition 36 if, at the time of the commission of the NDPO, he was on probation for other, non-qualifying offenses. We answer this question in the negative and deny the People's

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