California v. Rodriguez
Annotate this CaseTwo years after she pled guilty to felony animal cruelty Danae Rodriguez requested pretrial mental health diversion under Penal Code section 1001.36. The trial court denied her request as untimely because it was not presented until after her conviction by guilty plea. Section 1001.36(c), defined pretrial diversion as postponement of prosecution “at any point in the judicial process . . . until adjudication” and the trial court interpreted the term “adjudication” to mean an adjudication of guilt, whether by jury conviction or a plea of guilty. The Court of Appeal agreed with the trial court’s interpretation and affirmed its judgment.
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