California Penal Code Section 1000.3
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California Laws > Penal Code > California Penal Code Section 1000.3
1000.3. If it appears to the prosecuting attorney, the court, or
the probation department that the defendant is performing
unsatisfactorily in the assigned program, or that the defendant is
not benefiting from education, treatment, or rehabilitation, or that
the defendant is convicted of a misdemeanor that reflects the
defendant's propensity for violence, or the defendant is convicted of
a felony, or the defendant has engaged in criminal conduct rendering
him or her unsuitable for deferred entry of judgment, the
prosecuting attorney, the court on its own, or the probation
department may make a motion for entry of judgment.
After notice to the defendant, the court shall hold a hearing to
determine whether judgment should be entered.
If the court finds that the defendant is not performing
satisfactorily in the assigned program, or that the defendant is not
benefiting from education, treatment, or rehabilitation, or the court
finds that the defendant has been convicted of a crime as indicated
above, or that the defendant has engaged in criminal conduct
rendering him or her unsuitable for deferred entry of judgment, the
court shall render a finding of guilt to the charge or charges pled,
enter judgment, and schedule a sentencing hearing as otherwise
provided in this code.
If the defendant has performed satisfactorily during the period in
which deferred entry of judgment was granted, at the end of that
period, the criminal charge or charges shall be dismissed.
Prior to dismissing the charge or charges or rendering a finding
of guilt and entering judgment, the court shall consider the
defendant's ability to pay and whether the defendant has paid a
diversion restitution fee pursuant to Section 1001.90, if ordered,
and has met his or her financial obligation to the program, if any.
As provided in Section 1203.1b, the defendant shall reimburse the
probation department for the reasonable cost of any program
investigation or progress report filed with the court as directed
pursuant to Sections 1000.1 and 1000.2.
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Last modified: October 1, 2013