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Name: People v. Orihuela
Case #: C045963
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/09/2004

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.