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Name: People v. Foreman
Case #: A105691
Court: CA Court of Appeal
District 1 DCA
Division: 3
Citation: 126 Cal.App.4th 338

A violation of Health and Safety Code section 11368, forging a prescription to obtain drugs, is not included in the description of nonviolent drug offenses under Penal Code section 1210, subdivision (a). Thus, treatment under the alternative sentencing provisions of Proposition 36 is not available for that offense.

Opinion Date: 01/31/2005