Legal Question in Criminal Law in California

PC 1000/Deferred Judgment: retroactive?

Is the new, "improved" deferred judgment statute which replaces the former PC 1000 diversion program being applied retroactively to drug arrests allegedly commited prior to its enactment? If not, how does a defendant, initially referred to PC 1000 but later, upon allegation of dirty test, sent back to court and then (after 1st of last year) re-referred to program she had nearly finished -- only this time with under new deferred judgment law, and with a guilty plea entered upon advise of her counsel (PD). Since then, I note new case from 4th appellate district (People v. Perez?) has ruled deferred judgment must be applied prospectively only. But where does that leave this efendant? What are her remedies if any, now? Can plea be withdrawn based upon Perez?


Asked on 3/13/99, 9:53 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: PC 1000/Deferred Judgment: retroactive?

I have not read the Perez case. However, the judge was under no obligation to re-fefer your friend to the drug diversion program. The judge could had revoked the referral to drug diversion and reinstated the criminal proceedings.

Perhaps that is the reason that her attorney recommended that she plead under the new statute for deferred entry of judgment.

Had your friend not violated the terms of the drug diverson referral she would not have been put in this position.

This question should be referred to her attorney as the attorney is more familar with the facts of her case. The attorney would thus be in the best position to explain why he made the recommendation.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 3/30/99, 9:51 pm


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