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Name: People v. Eribarne
Case #: F044634
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/16/2004
Subsequent History: 3/30/05: revw. den.

A misdemeanor conviction for driving with a blood alcohol content of .08 percent or higher renders a defendant ineligible for treatment under Proposition 36. The court here disqualified Eribarne because the prior conviction was a misdemeanor involving a threat of physical injury to other people.