People v. Foreman

Opinion

CORRIGAN, J.

Here we conclude that forging or presenting a forged prescription to obtain drugs, in violation of Health and Safety Code section 11368, does not fall under Proposition 36.

FACTUAL AND PROCEDURAL BACKGROUND

Our discussion of the facts is limited because no preliminary hearing was conducted and defendant agreed to a court trial based on the police reports. Defendant was arrested when he appeared at a pharmacy to collect a prescription for Vicodin. The prescription was written, without authorization, on a doctor’s preprinted pad. The physician’s signature was forged. Similar…