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

*66Opinion

TURNER, P. J.

I. Introduction

Defendant, Wayne Keith Butler, had filed a mandate petition challenging the correctness of the respondent court’s determination that he was ineligible for deferred entry of judgment within the meaning of Penal Code1 section 1000 et seq. because there were allegations he was a recidivist. We conclude the. express language of section 1000, subdivision (b) permits appellate review of a determination an accused drug offender is not eligible for deferred entry of judgment only on direct appeal after a conviction. We therefore deny the petition and vacate the stay…