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Name: People v. Orihuela
Case #: C045963
Opinion Date: 09/09/2004
Citation: 122 Cal.App.4th 70

A person granted diversion pursuant to Penal Code section 1000 cannot be convicted of failing to appear under section 1320. A defendant on diversion has not been released “on his own recognizance,” as required by that section. Therefore, appellant’s conviction for felony failure to appear had to be reversed where he missed a scheduled court appearance while participating in a diversion program.