People v. Wheeler

Opinion

NICHOLSON, J.

Pursuant to a negotiated bargain, defendant Richard George Wheeler entered a plea of guilty to issuing or forging a prescription for a narcotic drug in violation of Health and Safety Code section 11368 (section 11368). He appeals the denial of his request for treatment under Proposition 36 (Pen. Code, § 1210 et seq.), contending the trial court erred in ruling his offense was ineligible for such treatment. We conclude forgery of a prescription in violation of section 11368 does not meet the statutory definition of a “nonviolent drug possession offense” as required for…