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Name: People v. Braden (2023) 14 Cal.5th 791
Case #: S268925
Court: CA Supreme Court
District CalSup
Opinion Date: 06/05/2023

A request for pretrial diversion (Pen. Code, § 1001.36) must be made before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. In 2018, defendant was charged with resisting an executive officer with force or violence. Following a trial at which he represented himself, a jury found him guilty and two prior strike allegations were found true. Before sentencing, defendant received appointed counsel, who moved to have defendant considered for mental health diversion under section 1001.36. The trial court denied the motion as untimely and moot, and sentenced defendant to prison. The…

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Name: In re M.S.
Case #: B280998
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/11/2019

The pretrial mental health diversion program does not apply to delinquent juveniles. M.S. killed her baby after giving birth at home. The juvenile court found she committed second degree murder. M.S. appealed, asking that her case be remanded to determine whether she falls within the new mental health diversion program. Held: Affirmed. Effective June 27, 2018, Penal Code section 1001.36 provides for a pretrial mental health diversion program if: (1) the defendant suffers from a qualifying mental disorder; (2) the mental disorder played a significant role in the commission of the charged offense; (3) a qualified mental health expert opines…

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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

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…

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Name: People v. Trask
Case #: C064804
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/29/2010

A defendant granted deferred entry of judgment under Penal Code section 1000 et seq. cannot be terminated based only on the inability to pay the costs of the program to which she has been referred for treatment. The court placed defendant on deferred entry of judgment (diversion). She was referred to a drug program but could not enroll because she could not pay the intake fee or the monthly payments. Her efforts to find a free program were fruitless. The court found she had an inability to pay, and then said it was denying diversion. …

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Name: People v. Ochoa
Case #: C059868
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/15/2009

A conviction for possession of marijuana occurring more than two years prior to the instant offense does not render a defendant ineligible for Penal Code section 1000 deferred entry of judgment. Appellant was convicted of possession of marijuana in 2006. He was subsequently charged with possession of cocaine and under the influence. Noting the 2006 conviction, the court denied appellant's motion for deferred entry of judgment under Penal Code section 1000 on the basis of subdivision (a)(1) of the statute which holds that a person is not eligible if he has a conviction for controlled substances prior to…

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Name: In re V.B.
Case #: B183851
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/26/2006

The 11-year-old minor entered into a plea bargain in which he pleaded guilty to theft and a robbery charge was dismissed and he was placed in a deferred entry of judgment program pursuant to Welfare and Institutions Code sections 790-795. None of the parties nor the court realized that appellant was not eligible for the program because he was under age 14. At a later hearing, another judge discovered the ineligibility and vacated the minor's placement into the program. The minor completed all the conditions of probation. The appellate court affirmed the orders. Because the…

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Name: People v. Kirk
Case #: G035897
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/21/2006

Appellant was charged with two drug offenses, and requested deferred entry of judgment proceedings pursuant to Penal Code section 1000. The prosecutor asserted that appellant was ineligible because he had recently pleaded guilty in a federal case to a controlled substance violation, and therefore had a "prior conviction" which excluded him from participation in diversion. Appellant argued that his guilty plea should not be treated as a prior conviction because there had been no sentencing in that case. The trial court excluded appellant from the diversion program, and the appellate court affirmed. The word "conviction" means…

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Name: People v. Orihuela
Case #: C045963
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/09/2004

A person granted diversion pursuant to Penal Code section 1000 cannot be convicted of failing to appear under section 1320. A defendant on diversion has not been released "on his own recognizance," as required by that section. Therefore, appellant's conviction for felony failure to appear had to be reversed where he missed a scheduled court appearance while participating in a diversion…

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Name: People v. Sergio R.
Case #: A097287
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/25/2003
Subsequent History: none

Following a finding that appellant was not an appropriate candidate for deferred entry of judgment (Welf. & Inst. Code, sec. 790 et seq.) appellant admitted a petition which charged him with possession of methamphetamine and first degree burglary. On appeal, he argued that the trial court erred by refusing to order deferred entry of judgment. Appellant met the eligibility requirements but the prosecutor and probation department opposed deferred entry of judgment. Following a hearing, the trial court agreed. Here, the appellate court concluded that a study of the statutory language and legislative history show that a…

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Name: People v. Wright
Case #: H022452
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/10/2002
Subsequent History: Rev. denied 9/11/02.

The trial court lacked authority, following a jury trial, to overrule the prosecutor’s pretrial determination that defendant was ineligible for deferred entry of judgment in this drug…

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