California v. Super. Ct. (Ortiz)
Annotate this CaseA superior court granted diversion to real party in interest, Jessica Ortiz, on misdemeanor DUI charges pursuant to Penal Code section 1001.95. In prior writ proceedings, the appellate division of the superior court upheld the diversion order for Ortiz and two other defendants who had also been granted diversion on misdemeanor DUI charges. The State petitioned the Court of Appeal for mandamus relief, to vacate the diversion order for Ortiz. They claimed the diversion order was unauthorized because Penal Code section 1001.95 did not impliedly and partially repeal Vehicle Code section 23640 to the extent that the older statute prohibits diversion for misdemeanor (as opposed to felony) DUI charges. Thus, they argued, Vehicle Code section 23640 rendered misdemeanor DUI charges categorically ineligible for diversion under Penal Code section 1001.95. To this, a majority of the Court of Appeal agreed and granted the State's petition.
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