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PEOPLE v. CASTAGNE

No. A120694.

166 Cal.App.4th 727 (2008)

THE PEOPLE, Plaintiff and Respondent, v. CHERI MARIE CASTAGNE, Defendant and Appellant.

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

August 27, 2008.

Attorney(s) appearing for the Case

Matthew Zwerling and Jeremy Price, under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Bridget Billeter and Gregg E. Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LAMBDEN, J.

The trial court ruled that defendant was ineligible for Proposition 36 probation because it found she had participated in two separate courses of drug treatment and was unamenable to drug treatment (Pen. Code, § 1210.1, subd. (b)(5)).1 Defendant appeals, and the People concede the lower court committed error. The People, however, argue that we should affirm because the record, according to...

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