Cisneros

People v. Cisneros

Good Law
100 Cal. Rptr. 2d 784·2000 Cal. App. LEXIS 811·2000 Daily Journal DAR 11405·84 Cal. App. 4th 352·2000 Cal. Daily Op. Serv. 8611
Court of Appeal of CaliforniaOctober 25, 2000A085065California2,088 words

Opinion

Opinion

Hanlon, J.

The trial court denied appellant Juan Miguel Cisneros admission to the deferred entry of judgment program in which first time drug offenders are diverted to a rehabilitation program with judgment deferred and criminal charges dismissed upon successful completion of the program. (Pen. Code, § 1000 et seq. [all further statutory references are to this code except as noted].) The probation department recommended appellant’s admission to the program but the trial court denied admission because appellant is an illegal alien. The trial court concluded that appellant’s illegal entry and unregistered residency in the United States was “criminál conduct” that automatically rendered him “unsuitable for deferred entry of judgment.” (§ 1000.3.)

We conclude that the trial court erred in ruling that illegal aliens are categorically excluded from participation in the deferred judgment program for first time drug offenders. Trial courts are free to consider illegal alien status as a factor in determining whether a defendant is a good candidate for the deferred judgment program, but illegal alien status is not an automatic disqualification.

Facts

On December 8, 1997, a bar’s security…

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