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PEOPLE v. POPULAR

No. F049564.

52 Cal.Rptr.3d 708 (2006)

146 Cal.App.4th 479

The PEOPLE, Plaintiff and Respondent, v. James Dylan POPULAR, Defendant and Appellant.

Court of Appeal of California, Fifth District.

As Modified January 3, 2007.

Attorney(s) appearing for the Case

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Loekyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DAWSON, J.

FACTUAL AND PROCEDURAL HISTORY

We consider here and reject appellant's argument that, after the passage of three years, a trial court loses jurisdiction to revoke deferred entry of judgment pursuant to Penal Code1 section 1000 et seq. and to reinstate criminal proceedings.

On April 12, 2002, officers stopped appellant's vehicle and found approximately one pound of marijuana and...

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