Bishop

Today we decide the issue whether revocation of a conditional sentence disqualifies a defendant from diversion under Penal Code section 1000, subdivision (a)(4). That statute provides that a defendant is ineligible for diversion if his or her record indicates that “probation or parole has ever been revoked without thereafter being completed.” We find that the term “probation” in section 1000, subdivision (a)(4) was intended to include both formal probation and summary probation. Summary probation is now known as “conditional sentence,” but the new language effected no change in the application of section 1000, subdivision (a)(4). We hold therefore that a defendant is ineligible for diversion under section 1000, subdivision (a)(4), if he or she has suffered a revocation of a conditional sentence without thereafter successfully completing that sentence.

Background

Appellant Tomas W. Bishop was arrested on January 4,1990, and charged with possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and being under the influence of cocaine (Health & Saf. Code, § 11550). At his arraignment in superior court on November 5, 1990, he pleaded not guilty and a trial date was…