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California Court of Appeal


PEOPLE v. GARCIA, C038797

A misdemeanor theft count based on the theft of drugs, the possession of which is charged as a felony, is "related to the use of drugs" under Penal Code section 1210, and does not disqualify a defendant from the benefits of Proposition 36.

Appellate Information

  • Decided 06/07/2002
  • Published 06/10/2002

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, and Tiffany S. Shultz, Deputy Attorney General, for Plaintiff and Appellant.

  • For Appellees:
  • Athena Shudde, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.
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