The Second Appellate District affirmed a judgment. The court held that a nonviolent drug offender who was granted deferred entry of judgment and who violated the terms of probation by his or her implied refusal to participate in drug diversion forfeited eligibility for Proposition 36 probation.
In April 2008, John Friedeck pled guilty to one count of felony possession of a controlled substance. The trial court placed him on deferred entry of judgment (DEJ) for 24 months provided he immediately obtain drug counseling and complete an AIDS education course.
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