Deferred Entry of Judgment Program California

Under the plain meaning of the words of the Three Strikes law and the deferred entry of judgment program, an otherwise eligible defendant is not excluded from deferred entry of judgment based on the allegation of a prior serious or violent felony conviction. The deferred entry of judgment program excludes defendants, inter alia, who have suffered any felony conviction within the preceding five years ( 1000, subd. (a)(6)), or if the current felony involved violence or the threat of violence ( 1000, subd. (a)(2)), but does not exclude potential participants based on the allegation of a prior serious or violent felony conviction. Thus, the deferred entry of judgment allows a strike defendant to participate. Turning to the Three Strikes law, we find the relevant provisions of both versions of its enactment require commitment to a state prison only whenever a defendant with prior serious or violent felony convictions has been convicted of a felony. ( 667, subd. (c), 1170.12, subd. (a)(4).) However, a plea of guilty entered by a defendant who participates in the deferred entry of judgment program does not constitute a conviction for any purpose unless a judgment of guilty is entered upon failure of the defendant to perform satisfactorily in the program. ( 1000.1, subd. (d).) A defendant's participation in the deferred entry of judgment program occurs before he or she has been convicted of a felony. This leaves the provisions of the Three Strikes law in abeyance until such time as the defendant fails to perform satisfactorily and judgment is imposed. A defendant who fails a deferred entry of judgment program need only be sentenced. The disparity between the consequences of the two programs is substantial. Indeed, deferred entry of judgment may not be applied retrospectively to a defendant whose criminal conduct occurred prior to the amendment of the statute. ( People v. Perez (1998) 68 Cal. App. 4th 346, 354 [80 Cal. Rptr. 2d 188].) Thus, the two programs clearly are not functionally equivalent. Nor is the purpose of the Three Strikes law--longer prison terms for defendants with prior serious or violent felony convictions--frustrated by permitting eligible defendants to participate in deferred entry of judgment program. If the defendant fails to perform satisfactorily, the court must render a finding of guilt, enter judgment, and impose sentence pursuant to the provisions of the Three Strikes law. Deferred entry of judgment merely permits the court an additional means, other than striking a prior conviction in the interests of justice (see People v. Superior Court (Romero) (1996) 13 Cal. 4th 497 [53 Cal. Rptr. 2d 789, 917 P.2d 628]), by which to avoid the harsh sentencing rules of the Three Strikes law where the defendant has been charged with a qualifying minor drug offense and is otherwise eligible. This construction removes from the criminal justice system those otherwise eligible defendants charged with possession of narcotics. In sum, because the statutory provisions regarding the deferred entry of judgment program do not conflict with the Three Strikes law, and because the Three Strikes law does not preclude participation in deferred entry of judgment, the plain meaning of the words of the respective statutes indicates that an otherwise eligible strike defendant may participate, notwithstanding the allegation of a prior serious or violent felony conviction.