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Name: People v. Garcia
Case #: C038797
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/07/2002
Subsequent History: Rev. granted 8/28/02. Depublished.”Due to death on 9/20/02 of Eric Patric Garcia, casue trans. to Third DCA with dir. to enter order permanently abating all proceedings...1/15/03.

The misdemeanor petty theft of drugs, the possession of which is charged as a felony, did not disqualify a defendant from the benefits of Proposition 36. Here a licensed vocational nurse at a nursing home stole fentanyl and syringes, and ingested most of the fentanyl. When a person steals drugs for the sole purpose of consuming it and the person immediately ingests the drug, the theft involves the simple possession or use of the drug.