Butler v. Sup. Ct. of Los Angeles Cty.

*70GODOY PEREZ, J., Concurring.

I concur in the majority’s conclusion that petitioner’s sole remedy for challenging the finding that he was ineligible for deferred entry of judgment is by postconviction appeal. (Pen. Code, § 1000, subd. (b).)1

I write separately, however, to emphasize it remains an open question whether the trial court properly denied petitioner’s request for deferred entry of judgment since petitioner arguably meets the statutory criteria. First, there is no evidence petitioner has suffered any prior controlled substance convictions. (§ 1000, subd. (a)(1).) Second, there is no…