California, United States of America
The following excerpt is from People v. Ibarra, E067740, E067741 (Cal. App. 2018):
Based on the numerous references to drugs in the probation report, the fact the court had just presided over defendant's trial which involved defendant's possession of methamphetamine, and the fact defense counsel had just repeatedly told the court that defendant's "drug addiction history" was a mitigating factor, it is clear the court knew defendant had a drug addiction rather than an alcohol addiction. It also appears that the court's mistaken reference to defendant's "alcohol addiction" may have been based on defense counsel's reference to People v. Simpson (1979) 90 Cal.App.3d 919, a case defense counsel described as "involving somebody who was an alcoholic."
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The judgment is affirmed.
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