California Court of Appeal May 2, 2002, A096715 (People v. SUPERIOR COURT (HENKEL))

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Opinion

HAERLE, J.

I. Introduction

The People challenge the trial court’s order granting probation and imposing a drug treatment requirement on real party in interest Robert Otto Henkel. They argue that Henkel is not eligible for probation under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Pen. Code, § 1210 et seq.)

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because he has a prior strike (§ 1192.7, subd.