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  5. 181 Cal.App.4th 644 (2010)
 

PEOPLE v. BEATY

No. F055868, F056467.

181 Cal.App.4th 644 (2010)

THE PEOPLE, Plaintiff and Respondent, v. BRIAN CLIFFORD BEATY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As modified February 11, 2010.

Attorney(s) appearing for the Case

Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WISEMAN, J.—

We consider whether an authorized medical marijuana user is, based on that fact alone, unamenable for drug recovery treatment and therefore not an appropriate candidate for Proposition 361 probation. Although the medical use of marijuana may be considered by the court in establishing the terms and conditions of probation under Prop...

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