PEOPLE v. MICHAEL JOHN KIRK

Filed 7/21/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

MICHAEL JOHN KIRK,

Defendant and Appellant.

G035897

(Super. Ct. No. 05HF0830)

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Craig E. Robison, Judge. Affirmed.

Paul S. Meyer, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda

Cartwright-Ladendorf and Erika Hiramatsu, Deputy Attorneys General, for Plaintiff and Respondent.

Penal Code section 1000 permits a court to defer judgment for certain novice drug offenders, and to divert the defendant from the normal criminal process for drug treatment.[1] If diversion is successfully completed, the charges are dismissed.

One basis for exclusion from diversion is a â€

Description	Guilty plea, even if sentence has not been imposed, constitutes a prior conviction for purposes of Penal Code Sec. 1000(a)(1), which precludes a grant of drug diversion to a defendant previously convicted of a drug offense.
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