People v. Carrillo CA2/4

INTRODUCTION

Larry Carrillo, Jr. appeals from a judgment and sentence, following his plea to possession of methamphetamine. He contends the trial court abused its discretion when it denied his request to consider him for the deferred entry of 1 judgment program (DEJ), Penal Code section 1000 et seq. For the following reasons, we reverse and remand with directions to the trial court to exercise its discretion and consider Carrillo’s suitability for DEJ.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On June 20, 2014, appellant was charged in a felony complaint with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 1), and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364.1, subd. (a)(1); count 2). Later that same day, appellant pled guilty to possession of methamphetamine (count 1) pursuant to Proposition 36, section 1210 et seq. After the court (Judge Steven D. Ogden) accepted the plea, defense counsel asked the court to reduce the charge to a misdemeanor because appellant had only one prior conviction. The court replied, “I don’t reduce Prop. 36’s to misdemeanors. DEJ yes, not Prop. 36.” Counsel stated, “There would be an…