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PEOPLE v. TRASK

No. C064804.

191 Cal.App.4th 387 (2010)

THE PEOPLE, Plaintiff and Respondent, v. ANITA MARIE TRASK, Defendant and Appellant.

Court of Appeals of California, Third District.

December 29, 2010.

Attorney(s) appearing for the Case

Syda Kosofsky , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Stephen G. Herndon and Alice Su , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, J.—

This case presents the question of whether a criminal defendant granted deferred entry of judgment under Penal Code section 1000 et seq.,1 may be terminated from such diversion based solely on her inability to pay the fees of the program to which she has been referred. The answer is no. We shall reverse the judgment and remand for further proceedings.

BACKGROUND

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