People v. Trask, C064804
Termination of defendant from diversion program People v. Trask, C064804
, concerned a challenge to the trial court's termination of defendant from diversion and reinstatement of criminal proceedings for her conviction for possession of methamphetamine. In reversing, the court remanded the matter in concluding that termination of diversion based solely on defendant's inability to pay the fees of the program to which she has been referred to is inconsistent with and violates the deferred entry of judgment statutory scheme.
As the court wrote: "In this case, defendant was never able to get into
her assigned program. She had no chance to perform satisfactorily or
unsatisfactorily. She had no chance to benefit from education,
treatment, or rehabilitation. There is nothing in the record suggesting
she was convicted of any crime or engaged in any further criminal
conduct. There was no statutory basis for terminating her diversion."
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