California Court of Appeal

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People v. Castagne, A120694

In a conviction for unlawfully possessing methamphetamine, sentence finding defendant ineligible for probation is reversed where: 1) record does not establish that defendant's acts and omissions evinced a complete refusal to undergo treatment; and 2) facts in the present case are subject to conflicting inferences and the lower court never considered the question whether defendant demonstrated a complete refusal to undergo drug treatment.

Appellate Information

  • Decided 09/04/2008
  • Published 09/04/2008

Judges

  • LAMBDEN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Asst. Atty. Gen., Gerald A. Engler, Sr. Asst. Atty. Gen., Bridget Billeter, Deputy Atty. Gen., Gregg E. Zywicke, Deputy Atty. Gen., for Plaintiff and Respondent the People., Jeremy T. Price, Staff Atty., under appointment by the Court of Appeal, for Defendant and Appellant Cheri Marie Catagne.
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