Is a defendant eligible for diversion under section 1000(a)(4) of the Penal Code?

California, United States of America


The following excerpt is from People v. Bishop, 11 Cal.App.4th 1125, 15 Cal.Rptr.2d 539 (Cal. App. 1992):

The diversion statutes (Pen.Code, 1000 to 1000.4) allow the trial court to "divert" from the normal criminal process persons who are faced with first-time charges of specified drug-related offenses and who meet the six eligibility requirements described in paragraphs (1) through (6) of Penal Code section 1000, subdivision (a). (People v. Paz (1990) 217 Cal.App.3d 1209, 1213, 266 Cal.Rptr. 468.) The relevant factor in this case is section 1000(a)(4), under which a defendant is disqualified for diversion if his or her [11 Cal.App.4th 1129] recordindicates that "probation or parole has ever been revoked without thereafter being completed." 3

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