People v. Bishop

Opinion

BAMATTRE-MANOUKIAN, J.

Today we decide the issue whether revocation of a conditional sentence disqualifies a defendant from diversion under Penal Code section 1000, subdivision (a)(4). That statute provides that a defendant is ineligible for diversion if his or her record indicates that “probation or parole has ever been revoked without thereafter being completed.” We find that the term “probation” in section 1000, subdivision (a)(4) was intended to include both formal probation and summary probation. Summary probation is now known as “conditional sentence,” 1 but the new language…