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Name: People v. Superior Court (Turner)
Case #: B156011
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/24/2002
Subsequent History: Rev. denied 7/10/02.

Proposition 36 expressly excludes criminals who have not been free from prison custody for five years. Based on the clear language of the statute as well as the legislative history, the appellate court here concluded that the five-year period referenced is the five-year period immediately preceding the commission of the current offense.