Wright

I. Statement of the Case

Defendant Henry Wright was charged with possession of methamphetamine for sale, possession of cocaine, possession of marijuana for sale, and cultivation of marijuana. (Health & Saf. Code, §§ 11378, 11350, subd. (a), 11359, 11358.) After a trial, the jury acquitted him of possessing methamphetamine and marijuana for sale but convicted him of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), cocaine, and more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (c)). Thereafter, defendant moved to have entry of judgment deferred under Penal Code section 1000 et seq. The prosecutor opposed the motion on the ground that he had declared defendant ineligible for diversion. However, the court disregarded the prosecutor’s opposition, granted the motion, and referred defendant to the probation department.

The People appeal from the order granting deferred entry of judgment. They claim the court lacked authority to defer entry of judgment in this case. We agree, vacate the trial court’s order, and remand the matter for sentencing.

II. Appealability

Defendant claims that the People may not appeal from the trial court’s…