Cortez

*2 Defendant and appellant Cesar Cortez was charged with possession of methamphetamine ( Health & Saf. Code, § 11377, subd. (a) ) and possession of a device used for smoking narcotics ( Health & Saf. Code, § 11364, subd. (a) ). Following the denial of his motion to suppress *3 evidence ( Pen. Code, § 1538.5 ), 1 defendant filled out a form indicating his desire to enter a plea of guilty to the charge of possessing methamphetamine and be placed on the trial court's Deferred Entry of Judgment (DEJ) program (§ 1000 et seq.). The trial court accepted defendant's guilty plea, placed defendant on DEJ, and dismissed the remaining charge.

Pursuant to the statutory requirements for DEJ, sentencing and judgment were deferred for 18 months and, if defendant complied with the conditions of DEJ, his case would be dismissed upon the expiration of that period. To achieve a dismissal, defendant was required to: complete a court-approved counseling program or attend 52 Alcoholics (or Narcotics) Anonymous meetings; abstain from possessing controlled substances or related paraphernalia; refrain from associating with drug users or sellers; and submit to warrantless searches and seizures by peace…