THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JESSICA ORTIZ, Real Party in Interest. (Cal. Ct. App., July 28, 2022, No. E077594) 2022 WL 2981170, at *1–2
Summary:Penal Code section 1001.95 authorizes superior court judges to offer pretrial diversion, over the prosecution’s objection, to persons being prosecuted for “a misdemeanor.” (Pen. Code § 1001.95, subd. (a).) The statute prohibits diversion for specified misdemeanors like registrable sex offenses, domestic violence, and stalking. Misdemeanor charges of driving under the influence (DUI) (Veh. Code, §§ 23152, 23153) are not excluded from diversion in Penal Code section 1001.95. But an older statute, Vehicle Code section 23640 bars any form of pretrial diversion for felony and misdemeanor DUI charges.
The superior court granted diversion to Ortiz, on misdemeanor DUI charges (Veh. Code, § 23152) pursuant to Penal Code section 1001.95. The appellate division of the superior court upheld the diversion order for Ortiz and two other defendants who had also been granted diversion on misdemeanor DUI charges.