Sledge v. Superior Court

Opinion

MOSK, J.

This is a companion case to People v. Superior Court (On Tai Ho), ante, page 59 [113 Cal.Rptr. 21, 520 P.2d 405], also decided this day.

In On Tai Ho we hold that the decision to “divert” a defendant into a pretrial rehabilitation program under Penal Code section 1000.2 is a judicial act which cannot be subjected to a prosecutorial veto without violating the constitutional requirement of separation of powers (Cal. Const., art. Ill, § 3). In the present case we consider whether the same analysis compels us to invalidate the authority of the district attorney under Penal Code…