POPULAR

People v. POPULAR

Good Law
146 Cal. App. 4th 479·52 Cal. Rptr. 3d 708
Court of Appeal of CaliforniaJanuary 3, 2007F049564California1,992 words

Opinion

Opinion

Dawson, J.

FACTUAL AND PROCEDURAL HISTORY

We consider here and reject appellant’s argument that, after the passage of three years, a trial court loses jurisdiction to revoke deferred entry of judgment pursuant to Penal Code section 1000 et seq. and to reinstate criminal proceedings.

On April 12, 2002, officers stopped appellant’s vehicle and found approximately one pound of marijuana and $3,720 in currency. A felony complaint was filed, which after amendment alleged appellant transported marijuana in violation of Health and Safety Code section 11360, subdivision (a), possessed marijuana for sale in violation of Health and Safety Code section 11359, and cultivated marijuana in violation of Health and Safety Code section 11358.

On June 11, 2002, the parties stipulated that the marijuana was intended for appellant’s personal use and appellant pled guilty to the cultivation charge with the agreement that he would be granted deferred entry of judgment pursuant to section 1000 et seq. The remaining counts were dismissed. On July 9, 2002, the trial court deferred entry of judgment and ordered appellant to report to probation within one week and to complete drug treatment.

Almost a year…

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