P. v. Cortes CA4/1
A jury acquitted Miguel Angel Cortes of possessing phencyclidine (PCP) for sale, but convicted him of the lesser included offense of PCP possession (Health & Saf. Code, § 11377). The trial court denied Cortes's request for placement in Proposition 36 drug treatment on the grounds that he was not amenable to drug treatment and sentenced him to 100 days in jail and three years' probation. Cortes contends the court erred in excluding him from Proposition 36 probation and drug treatment. We agree and remand for resentencing.
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