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California Court of Appeal


People v. Kirk, G035897

Determination that defendant was ineligible for deferred entry of judgment under Penal Code section 1000 as he had a prior conviction based on a guilty plea to an offense involving controlled substances in federal court a few months prior, is affirmed as "conviction" means the ascertainment of guilt, which occurs as soon as defendant pleads guilty (or a jury enters a guilty verdict) and does not require more.

Appellate Information

  • Decided 07/21/2006
  • Published 07/21/2006

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • 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.
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