Legal Question in Criminal Law in California

Proposition 36 and PC 1000 are completely different programs with different requirements.

Penal Code �1000 is a diversion program for first time drug offenders. You enter a guilty plea, but the judge puts off sentencing for 18 months to three years. If you comply with the terms of diversion, including drug education AND obeying the law, the judge dismisses the case so you don't have a conviction.

You committed a new crime, so the judge found you guilty.

Proposition 36/Penal Code �1210 is a form of probation for people who have been convicted of drug offenses. It provides treatment instead of jail or prison.

You don't get credit against your Prop 36 probation for your failed diversion program.

If you screw up Prop 36 like you did PC1000, the judge could sentence you on the charge that got you on PC1000 in the first place, up to the maximum jail or prison time allowed.

Mr. Marshall is right. You were in diversion, also called deferred entry of judgment (DEJ). You screwed that up by getting a conviction, so now you are convicted. Prop 36 is treatment instead of prison. Good luck with that, you've already blown one chance.