Legal Question in Criminal Law in California

My daughter was sentenced to prop 36 which she completred and recieved a 1210.1(d) dismissal. She has since been arrested for selling 1 oz of meth. to an undercover officer and is trying to plea bargin with the Sutter County DA. She is being told that the previous conviction is being used to enhance sentencing even though it has been dismissed. Is this possible when you recieve a

1210.1(d) dismissal?


Asked on 8/31/10, 8:38 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

If the case was dismissed, then it's dismissed. It is not a prior conviction that can enhance anything. Having said that, it will always be on her record where the DA will know about it. If it was truly dismissed, it's over.

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Answered on 9/05/10, 10:12 am


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