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People v. Trask, C064804

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By FindLaw Staff on December 31, 2010 1:10 PM

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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