Paz

Appellant Ignacio Jaime Paz pleaded guilty to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) after the court denied his motion to compel drug diversion. (Pen. Code, § 1000 et seq.) The district attorney had determined appellant was not eligible for diversion on the ground that he had suffered a prior conviction involving a controlled substance, namely marijuana. (Pen. Code, § 1000, subd. (a)(1); Health & Saf. Code, § 11357, subd. (b).) The trial court then denied appellant’s motion to compel diversion without hearing the merits.

Appellant makes two contentions here: 1) his prior conviction under Health and Safety Code section 11357, subdivision (b) does not disqualify him from diversion, and 2) the language in Penal Code section 1000, subdivision (a) referring to the provisions of Health and Safety Code section 11357, subdivision (b), is ambiguous and requires that the trial court, rather than the district attorney, determine its meaning.

We reject both of these contentions and affirm the judgment.

Background

On March 7, 1988, two San Jose police officers were investigating a report that a stolen vehicle had been seen parked in front of appellant’s…