P. v. Lopez
Appellant Hector Guillen Lopez was convicted of felony possession of methamphetamine. On appeal, he challenged the trial courts decision to deny probation pursuant to Proposition 36 (Pen. Code,[1] 1210.1) because an immigration hold had been placed on him. This court remanded the matter for the trial court to determine whether appellant was eligible for Proposition 36 probation based on his immigration status, as stated in People v. Espinoza (2003) 107 Cal.App.4th 1069 (Espinoza):
On remand, the trial court again denied probation and found there was a substantial likelihood of imminent deportation because appellant had been ordered deported, and he was in federal custody awaiting the resolution of his appeal of the deportation ruling. In the instant appeal, appellant contends the court improperly conducted the proceedings on remand in his absence, and that he should have been placed on Proposition 36 probation because the deportation order had been stayed pending further review. Court affirm.
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