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PEOPLE v. KIRK

No. G035897.

46 Cal.Rptr.3d 258 (2006)

141 Cal.App.4th 715

The PEOPLE, Plaintiff and Respondent, v. Michael John KIRK, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Three.

July 21, 2006.

Attorney(s) appearing for the Case

Paul S. Meyer, Costa Mesa, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Erika Hiramatsu, Deputy Attorneys General, for Plaintiff and Respondent.

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.1 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...

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