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Name: People v. Hinkel
Case #: C046395
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/11/2005
Subsequent History: 4/13/05: revw. den.

After failing a deferred entry of judgment program, appellant’s probation officer moved for entry of judgment on the prior plea. Appellant requested and was found eligible for Proposition 36 probation, and was again ordered into drug treatment. He was terminated from treatment for threatening the facilitator, two classes short of completion of the aftercare part of the program. The trial court allowed him to enroll in a different program to finish. After attending the two final sessions, appellant petitioned the court to dismiss the charges, terminate his probation, and expunge his conviction, pursuant to section 1210.1, subdivision (d). The trial court denied the petition without prejudice, finding that there was no reasonable cause to believe the defendant would not abuse controlled substances in the future. The appellate court found that the trial court applied the correct legal standard and did not abuse its discretion in denying appellant’s petition. The statute requires that in order to find that a defendant has successfully completed treatment, the court must find that a defendant has completed a drug program, and as a result of that program, there is reasonable cause to believe the defendant will not use controlled substances in the future. The burden is on the defendant to show both elements, and here appellant did not do so. Completion of a treatment program, by itself, does not always give rise to a belief a defendant will not continue to use drugs.