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Name: People v. Barasa
Case #: D038830
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/30/2002
Subsequent History: 11/15/02: rehrg. denied; 1/22/03: review denied

Defendant was not statutorily eligible for probation under Proposition 36 where he was convicted of transportation of cocaine. Under the facts of the case, it was clear that appellant was selling cocaine where he handed a bag of a dozen bags totaling 41 grams of cocaine to a clerk while being followed by the police. The court rejected a construction of the statute which creates a new offense of “transportation for personal use.” Moreover, appellant admitted he was selling cocaine.