Legal Opinion
People v. Kirk
California Court of Appeal
Decided July 21, 2006No. G035897PublishedCited by 9 opinions
1Opinion of the Court
Opinion
O’LEARY, J.
Penal Code section 1000 permits a court to defer judgment for certain novice drug offenders, and to divert the defendant from the normal criminal process for drug treatment. If diversion is successfully completed, the charges are dismissed.
One basis for exclusion from diversion is a “conviction for any offense involving controlled substances prior to the alleged commission of the charged offense.” (§ 1000, subd. (a)(1).) This case presents an issue of first impression: Does a guilty plea, on which sentence has not been imposed, constitute a prior conviction for purposes of…
2Cases cited13 opinions
- People v. Superior Court (On Tai Ho)California Supreme Court · 1974
- People v. BraunCalifornia Supreme Court · 1939
- Helena Rubenstein Internat. v. YoungerCalifornia Court of Appeal · 1977
- People v. LainoCalifornia Supreme Court · 2004
- In Re DeLongCalifornia Court of Appeal · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Varshock v. Department of ForestryCalifornia Court of Appeal · 2011
- Brenner v. Universal Health Servs. of Rancho Springs, Inc., California Court of Appeal, 5th District2017
- PD Doe v. San Diego-Imperial Council, California Court of Appeal, 5th District2017
- People v. Casillas, California Court of Appeal, 5th District2017
- Brenner v. Universal Health etc.California Court of Appeal · 2017
4 more not listed; retrieve them via the Exa API.