People v. Andreotti

Opinion

MORRISON, J.

May a trial court defer entry of judgment for a child molester, absent the People’s consent? No. Contrary to defendant’s view, a statute precluding judges from doing so does not violate the separation of powers doctrine.

The People charged defendant with eight counts of child molestation, alleging substantial sexual conduct as to one count. (Pen. Code, §§288, subd. (a), 1203.066, subd. (a)(8); further section references are to this code.) He pleaded not guilty and asked for deferred entry of judgment, which the *1266People opposed. The trial court found defendant was eligible for…