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Name: People v. Espinoza
Case #: A100485
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 04/14/2003
Subsequent History: Rehrg. denied 5/12/03

Where the defendant, who is otherwise eligible for Proposition 36 treatment, is an illegal alien who faces a substantial likelihood of being deported so as to prevent completion of a drug treatment program, the trial court does not abuse its discretion in denying probation under Proposition 36. Here defendant had twice before been deported following criminal convictions, and thus the court found a strong probability he would again be deported.