Orozco

Defendant James Orozco pleaded guilty to possessing cocaine and driving under the influence of alcohol. The court sentenced him to 60 *729 days in jail and three years of probation for driving under the influence of alcohol, but granted him deferred entry of judgment under Penal Code section 1000 et seq. for possessing cocaine. 1 To satisfy the deferred entry of judgment requirements, defendant enrolled in, but was eventually terminated from, a section 1000 drug treatment program. He moved to be reinstated in the program. The court (a different judge) denied defendant’s motion on two alternative grounds: (1) defendant’s drunk driving violation rendered him ineligible under section 1000, subdivision (a)(3) (section 1000(a)(3)) for deferred entry of judgment on the cocaine possession charge and (2) defendant had performed unsatisfactorily in the drug treatment program by failing too long to enroll and participate in a timely way.

We hold the court misinterpreted section 1000(a)(3). That subdivision disqualifies a defendant for deferred entry of judgment if he or she has committed (in addition to the crime eligible for deferred entry of judgment) an ineligible offense…