Diversion

The mental health diversion law does not apply to juveniles in delinquency proceedings. J.M. was committed to DJJ following her admission to a felony allegation of torture (Pen. Code, § 206). While her appeal was pending, the new mental health diversion statute (Pen. Code, § 1001.36) went into effect on June 27, 2018. On appeal, J.M. argued that the case should be remanded so that the juvenile court can determine whether to grant her a mental health diversion under the new statute. Held: Affirmed (modified in other respects in unpublished portions of the opinion). Penal Code section 1001.35 declares the…

Pretrial diversion under Penal Code section 1001.80 for veteran charged with misdemeanor driving under the influence (DUI) is not precluded by Vehicle Code section 23640, which bars pretrial diversion in DUI cases. Hopkins, a military veteran with PTSD, was charged with misdemeanor DUI. He moved for pretrial diversion under section 1001.80, which authorizes a trial court to grant pretrial diversion to active duty military members or veterans charged with misdemeanors who have service-connected disabilities. The trial court denied his request, reasoning that pretrial diversion was barred by section 23640, which precludes diversion in any DUI case. Hopkins sought writ relief.…

Military diversion (Pen. Code, § 1001.80) is not available for defendants charged with driving under the influence (DUI) offenses (Veh. Code, §§ 23152, 23153). VanVleck, an active duty Marine, and Kluesner, an Army veteran, were charged with misdemeanor DUI offenses. In both cases, the trial courts granted military diversion, which is available where the defendant is charged with a misdemeanor, was or is a member of the military, and may be suffering from trauma or PTSD as a result of their service. The People appealed, arguing that Vehicle Code section 23640 prohibits diversion in all DUI cases. Held: Reversed. In…

A court is not required to consider a minor's eligibility where the minor, initially alleged to have committed a felony, ultimately admits a misdemeanor offense. Under Welfare and Institutions Code section 790, a minor may be eligible for deferred entry of judgment because of the commission of a felony offense. The prosecuting attorney is required to determine eligibility and if there is a determination of eligibility and the minor admits the offense, the court may grant DEJ. Here, a petition alleging felony vandalism was filed but minor ultimately admitted a misdemeanor violation of Penal Code section 594 and…

Under Penal Code section 1000 which provides for deferred entry of judgment, the dismissal of charges is triggered by defendant's successful completion of the program and not by the passage of the three years. The statute provides that if deferred entry of judgment is granted, the period shall be no less than 18 months and no longer than 3 years. Appellant contended that, despite his less than successful performance on the program, when criminal charges had not been reinstated within the three-year period, they were dismissed by operation of law and the court had no jurisdiction to do…

The court reversed an order denying the defendant consideration for drug diversion under the deferred entry program set up under Penal Code section 1000, et seq., and remanded for consideration of the defendant's application for diversion. The probation department had recommended defendant for diversion, but the court denied his application on the grounds that he was an illegal alien and therefore could not "obey all laws." On appeal, the court noted that section 1000, subdivision (a), did not list a misdemeanor violation of the federal immigration laws as one of the criteria for absolute exclusion. The court…