People v. DavisPeople v. Davis
Opinion
Defendant and appellant Kenneth Davis obtained a certificate of probable cause to appeal on the ground he was erroneously denied deferred entry of judgment. Following the denial, Davis pled guilty to one count of possession of cocaine (
In this case of first impression, we are called upon to determine whether the deferred entry of judgment statutory scheme, effective three years after the enactment of the “Three Strikes” law, is prohibited for third strike offenders.
Butler v. Superior Court
(1998)
We find the allegation of a prior conviction within the meaning of the Threе Strikes law does not render a defendant ineligible for participation in the deferred entry of judgment program. Therefore, we reverse and remand to permit the trial court to reconsider Davis’s request to participate in the program.
Factual and Procedural Background
The evidence adduced at the preliminary hearing indicated that on July 30, 1997, at approximately 11:00 p.m., Compton Police Officer Jerry Patterson saw Davis cross Compton Boulevard unsafely. Patterson told Davis “he was going to get hit if he kept crossing the street that way.” Patterson saw a piece of tin foil in Davis’s hand and noticed Davis was “nervous and he was shaking.” Patterson asked what Davis had in his hand and Davis rеplied, “It’s just a couple of chips.” The parties stipulated Patterson recovered 0.2 grams of a solid substance containing cocaine.
An information filed October 2, 1997, charged Davis with possession of a controlled substance and alleged a prior 1988 conviction of robbery within the meaning of the Three Strikes law. In pretrial proceedings, Davis sought to enter the deferred entry of judgment program under
The trial court ruled Davis was ineligible, based on the Three Strikes law, which provides in relevant part: “Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony convictions ...[;] ffl] •• • [H] (4) There shall not be a commitment to any other facility other than the state *254 prison. Diversion shаll not be granted nor shall the defendant be eligible for commitment to the California Rehabilitation Center . . . .” (§§ 667, subd. (c)(4), 1170.12, subd. (a)(4), italics added.)
Davis sought writ review of this ruling and his petition for writ of mandate was denied by this court on November 19, 1997.
Thereafter, pursuant to a negotiated disposition, Davis pleaded no contest to possession of a controlled substance in exchange for a term of two years in state prison, dismissal of the prior conviction allegation, and a certificate of probable cause regarding the trial court’s finding that Davis was ineligible for deferred entry of judgment.
Contentions
Davis contends the trial court’s ruling on his request to participate in the deferred entry of judgment program was error. Davis argues the eligibility requirements for deferred entry of judgment are clear and unambiguous and its implementation does not require a defendant to be diverted from the system; to the contrary, a defendant must plead guilty to the charges, and upon failure to comply with the program, is sentenced pursuant to the Three Strikes law.
The People contend the Three Strikes law specifically disallows diversion, that deferred entry of judgment is just another form of diversion, and allowing Davis to participate in deferred entry of judgment, when he could not have participated in diversion, would result in mischief and absurdity.
Discussion
1. The Three Strikеs law does not prohibit participation in the deferred entry of judgment program.
a. Statutory background.
Commencing in December 1972, sections 1000-1000.4 provided for diversion of defendants charged with enumerated drug offenses including possession of a controlled substance. (Stats. 1972, ch. 1255, § 17, pp. 2469-2471.) Under the diversion program, an eligible defendant did not plead guilty but wаs diverted and referred for education, treatment, or rehabilitation for a period from six months to two years. Upon satisfactory completion of the diversionary program, the charges were dismissed and the underlying arrest was deemed not to have occurred.
*255 The Three Strikes law was enacted as urgency legislation on March 7, 1994, and thereafter adopted by the electorate on November 9, 1994. It provides, inter alia, that if a defendant has been convicted of a felony, and it has been pled and proved that a defendant has one or more prior serious or violent felony convictions, the defendant shall not be committed to аny facility other than the state prison, diversion shall not be granted, and the defendant shall not be eligible for commitment to the California Rehabilitation Center. (§§ 667, subd. (c)(4), 1170.12, subd. (a)(4).)
Approximately three years later, effective January 1, 1997, the Legislature amended sections 1000-1000.4 so as to replace diversion with deferred entry of judgment. (Stаts. 1996, ch. 1132, § 2.)
2
Under the deferred entry of judgment program for drug abuse, a defendant charged with certain enumerated drug offenses, including possession of a controlled substance, may enter a plea of guilty, participate in a drug rehabilitation program, and, upon completion of the program, have the charges dismissеd. The provisions for deferred entry of judgment are available if a defendant satisfies the requirements set forth in
b. The People’s contentions.
The People contend the prohibition of diversion found in the Three Strikes law must be interpreted so as to also preclude participation in deferred entry of judgment. They claim this result is required in order to effectuate the intent of the Three Strikes law to ensure longer prison sentences and greater punishment for those who cоmmit a felony and previously have been convicted of serious and/or violent felony offenses. (§ 667, subd. (b).) The People argue diversion and deferred entry of judgment are functionally equivalent and that mischief and absurdity will result if a defendant with a qualifying prior strike conviction is permitted to participate in the deferred entry of judgmеnt program, notwithstanding the express prohibition of diversion found in the Three Strikes law.
c. The Three Strikes law does not preclude participation in deferred entry of judgment.
We disagree with the People and conclude the Three Strikes law does not prohibit participation in deferred entry of judgment. There being no claim оf constitutional infirmity of the statute, we are presented solely with a matter of statutory interpretation.
Under the plain meaning of the words of the Three Strikes law and the deferred entry of judgment program, an otherwise eligible defendant is not
*257
excluded from deferred entry of judgment based on the allegation of a prior seriоus or violent felony conviction. The deferred entry of judgment program excludes defendants, inter alia, who have suffered any felony conviction within the preceding five years (
Turning to the Three Strikes law, we find the relevant provisions of both versions of its enactment require commitment to a state prison only whenever a defendant with prior serious or violent felony convictions has been convicted of a felony. (§§ 667, subd. (c), 1170.12, subd. (a)(4).) However, a plea of guilty entered by a defendant who participates in the deferred entry of judgment program does not constitute a conviction for any purpose unless a judgment of guilty is entered upon failure of the defendant to perform satisfactorily in thе program. (§ 1000.1, subd. (d).) A defendant’s participation in the deferred entry of judgment program occurs before he or she has been convicted of a felony. This leaves the provisions of the Three Strikes law in abeyance until such time as the defendant fails to perform satisfactorily and judgment is imposed.
Regarding the Peoplе’s assertion that the express prohibition of diversion found in the Three Strikes law must be interpreted to include prohibition of deferred entry of judgment because the two are functionally equivalent, we disagree. The legal consequences of participation in deferred entry of judgment are significantly more onerous thаn those of participation in diversion. An eligible defendant could participate in diversion for a period of six months to two years without pleading guilty to the charged offense. In order to participate in the deferred entry of judgment program, an eligible defendant must
plead guilty
to the charged offense and must participаte for a period of 18 months to three years. A defendant who fails a diversion program must be tried, convicted, and sentenced. A defendant who fails a deferred entry of judgment program need only be sentenced. The disparity between the consequences of the two programs is substantial. Indeed, deferred entry of judgment may not be applied retrospectively to a defendant whose criminal conduct occurred prior to the amendment of the statute.
(People v. Perez
(1998)
Nor is the purpose of the Three Strikes law—longer prison terms for defendants with prior serious or violent felony convictions—frustrated by
*258
permitting eligible defendants to participate in deferred entry of judgment program. If the defendant fails to perform satisfactorily, the court must render a finding of guilt, enter judgment, and impose sentence
pursuant to the provisions of the Three Strikes law.
Deferred entry of judgment merely permits the court an additional means, other than striking a prior conviction in the interests of justice (see
People v. Superior Court
(Romero) (1996)
In sum, because thе statutory provisions regarding the deferred entry of judgment program do not conflict with the Three Strikes law, and because the Three Strikes law does not preclude participation in deferred entry of judgment, the plain meaning of the words of the respective statutes indicates that an otherwise eligible strike defendant mаy participate, notwithstanding the allegation of a prior serious or violent felony conviction.
Moreover, even if the meaning were not clear, application of standard rules of construction reveal an intent to allow third strike defendants to participate in deferred entry of judgment. The Legislature is dеemed to have been aware of statutes already in existence and to have enacted or amended a statute in light thereof.
(People v. Rayford
(1994)
Because the trial court erroneously resolved this issue, the matter must be remanded for further proceedings on Davis’s eligibility, consistent with the views expressed herein.
*259 Disposition
The judgment is .reversed and the matter remanded to. the superior court to permit Davis to renew his request for deferred entry of judgment.
Croskey, J., and Aldrich, J., concurred.
Notes
Subsequent unspecified statutory references are to the Penal Code.
The Legislature previously had effected a similar amendment to provisions addressing child abuse and neglect counseling. These provisions, first enacted in 1977, were found at former section 273ab. (Stats. 1977, ch. 1130, § 3, p. 3630.) In 1983, the Legislature replaced former section 273ab with section 1000.12 et seq., which continued the diversion program for child abuse and neglect counseling. Effective January 1, 1995, the Legislature amended the chapter to replace the existing diversion program with one based on deferred entry of judgment. (Stats. 1994, 1st Ex. Sess. 1993, ch. 49, § 1.)