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PEOPLE v. OCHOA

No. C059868.

175 Cal.App.4th 859 (2009)

THE PEOPLE, Plaintiff and Respondent, v. OSCAR ARMANDO OCHOA, Defendant and Appellant.

Court of Appeals of California, Third District.

June 15, 2009.

Attorney(s) appearing for the Case

Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RAYE, J. —

After the trial court denied his motion to defer entry of judgment (Pen. Code, § 1000 et seq.), defendant Oscar Armando Ochoa pled guilty to possessing cocaine (Health & Saf. Code, § 11350, subd. (a)) and using it (Health & Saf. Code, § 11550, subd. (a)). Thereafter, defendant was placed on probation pursuant to Proposition 36. (Pen. Code, § 1210.1.)

On appeal, defendant contends...

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