Wheeler

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 treatment under Proposition 36. (Pen. Code, § 1210, subd. (a).) We affirm the judgment.

BACKGROUND

Identifying himself as “Mark,” defendant dropped off a prescription written for “Mark Cooper” by Dr. Tatsuyama for Vicodin with the pharmacy at Longs Drugs. When the pharmacist contacted Dr. Tatsuyama to confirm the authenticity of the prescription, the doctor informed the pharmacist that he did not write the prescription. The pharmacist filled the prescription with calcium pills and reported the incident to law enforcement officers. Defendant picked up the prescription, signing the release log as “Mark…