In Re Ogea

Opinion

FYBEL, J.

I. INTRODUCTION

A jury convicted Kenneth Robert Ogea of one count of unlawfully possessing methamphetamine in his home while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). By petition for writ of habeas corpus, Ogea challenges the trial court’s order denying his request for probation and treatment under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Pen. Code, §§ 1210, 1210.1, 3063.1), and for release on his own recognizance.

Ogea’s writ petition presents an issue of first impression: Whether his conviction under Health and Safety Code…