People v. Delafuente CA3

DISCUSSION

Defendant contends the prosecuting attorney erred in finding him ineligible for deferred entry of judgment under section 1000 because reckless driving is not a crime of violence and there was no evidence of any other crime of violence, nor was his admitted drug history a ground to disqualify him. Without conceding defendant did not in fact commit an act of violence, the People agree the “limited factual record” lacks evidence to show he committed a crime of violence in conjunction with the drug offense. The People further concede defendant’s admitted history of drug use does not render him ineligible for diversion. “A defendant is eligible for diversion under Penal Code section 1000 if—as here—he or she has been charged with violating Health and Safety Code section[] 11350 . . . and all of the following apply: ‘(1) The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense. [¶] (2) The offense charged did not involve a crime of violence or threatened violence. [¶] (3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections…