People v. Martinsen

Opinion

CAPACCIOLI, J.

Michael Brian Martinsen appeals from a judgment of conviction of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). The principal issue on appeal is whether the trial court erred in denying defendant’s motion to compel referral for drug diversion under Penal Code 1 section 1000. 2 For reasons set forth below, we affirm.

Background

Defendant was arrested for the instant offense on August 3, 1985. Prior to his arrest, he had suffered at least two misdemeanor convictions for driving under the influence of alcohol (Santa Clara County Mun. Ct. Nos. C8283094 and…