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Name: People v. Ferrando
Case #: C042104
Opinion Date: 02/13/2004
Court: CA Court of Appeal
District 3 DCA
Citation: 115 Cal.App.4th 917

Appellant was convicted of a violation of Health and Safety Code section 11366, opening or maintaining a place for the use or sale of methamphetamine. The court denied his request to be sentenced under Proposition 36. The appellate court here affirmed that denial. Section 11366 is not a simple possession offense, but more like the commercial offenses expressly excluded from the provisions of Proposition 36.