Marroquin

*33 INTRODUCTION

The court dismissed the misdemeanor complaint against defendant Jacob Marroquin upon his satisfaction of the condition that he not reoffend. On appeal, the People contend the court's dismissal under Penal Code section 1385, 1 as part of an unauthorized nonstatutory deferral of sentencing program, was an abuse of discretion. We agree and reverse the order of dismissal.

BACKGROUND

On April 8, 2015, a misdemeanor complaint was filed charging defendant with possession of a nanchaku (§ 22010) (count 1) and possession of drug paraphernalia ( Health & Saf. Code, § 11364.1, subd. (a) ) (count 2). At his arraignment on April 21, 2015, defendant entered pleas of not guilty to the charges. The matter was called for trial on July 15, 2015. On the People's *34 motion, the court ordered the complaint amended to change count 2 to a violation of Health and Safety Code section 11364.

July 27, 2015, Order

The trial was trailed to July 27, 2015. On that date, the court indicated it intended to grant defendant informal diversion pursuant to section 1001.94 et seq., stating, "So over the prosecutor's objection, I will offer to give you diversion. It's unclear to me, based on what…