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Name: People v. Orozco
Case #: G045124
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/25/2012
Summary

Appellant was improperly denied deferred entry of judgment where he also had a conviction for driving under the influence of alcohol. Orozco pleaded guilty to possession of cocaine and driving under the influence of alcohol. He was sentenced on the DUI, but granted deferred entry of judgment under Penal Code section 1000 et seq. for the cocaine possession. Orozco was subsequently terminated from a section 1000 drug treatment program. He moved to be reinstated in the program. A different judge denied his motion on two grounds: that he was ineligible for the deferred entry of judgment because of the DUI conviction, and because he had performed unsatisfactorily in the drug treatment program. The appellate court held that the trial court misinterpreted section 1000(a)(3). That section disqualifies a defendant for deferred entry of judgment if he has violated another offense related to “narcotics or a restricted dangerous drug.” Here, Orozco was convicted of driving under the influence of alcohol, which is neither a narcotic nor dangerous drug. However, the court properly terminated his deferred entry of judgment for unsatisfactory performance in the drug treatment program. The court also declined to address Orozco’s contention that he must be given an opportunity to withdraw his guilty plea, since he was eligible for deferred entry of judgment in the first instance.