Terry v. Superior Court

In Terry v. Superior Court (1999) 73 Cal. App. 4th 661, the court summarized the statutes providing for deferred entry of judgment. The court explained that section 1000 "provides that certain first time drug offenders who meet specified conditions may, with the approval of the district attorney, bypass the normal criminal process and enter a drug treatment program. Prior to the statute's amendment in 1996, the program was called 'drug diversion.' Effective January 1, 1997, some requirements of section 1000 et seq. were changed. Gone from the statutory scheme was pretrial diversion without a guilty plea. In its stead, the accused is required to enter a guilty plea, and formal judgment is deferred. If a defendant performs satisfactorily during the deferral period, 'the criminal charge or charges shall be dismissed.' ( 1000.3.) Section 1000.4, subdivision (a), provides: 'Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred.' If a defendant has not performed satisfactorily during the period of deferred entry of judgment, 'the court shall render a finding of guilt to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code.' ( 1000.3.)" The court explained, "Specifically, the amendments to the statute substituted the phrase 'deferred entry of judgment' for the word 'diversion,' deleted violation of Health and Safety Code section 11370.1 from the list of offenses for which deferred entry of judgment is available, and provided that a guilty plea must be entered as part of the process. " ( Terry, supra, 73 Cal. App. 4th at p. 664, fn. 4.)