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Name: In re Ogea
Case #: G033402
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/20/2004

A defendant convicted of drug possession while armed is not eligible for probation under Proposition 36. The defendant was convicted of a violation of Health and Safety Code section 11370.1, subdivision (a), possession of a controlled substance while armed with a loaded and operable firearm. He sought habeas relief from the denial of his request for treatment under Penal Code section 1210.1. The Court of Appeal declined to grant relief, holding that a violation of section 11370.1(a) is not a “nonviolent drug possession offense” as defined by Penal Code section 1210, subdivision (a).