Grassi v. Super. Ct.
Annotate this CaseNancy Grassi petitioned for mandamus relief, arguing the trial court erred by concluding she was statutorily ineligible for misdemeanor diversion. Grassi argued California Penal Code section 1001.95’s plain language and legislative history made diversion available to misdemeanor driving under the influence defendants despite Vehicle Code section 23640’s prohibition on granting diversion to driving under the influence defendants. In a case of first impression, the Court of Appeal concluded the two statutes could be harmonized to provide diversion to misdemeanor defendants, except for those defendants excluded in Penal Code section 1001.95(e), and misdemeanor driving under the influence defendants pursuant to Vehicle Code section 23640. Accordingly, the Court denied the petition.
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