People v. Hayes
California Court of Appeal
1Opinion of the Court
Opinion
AGLIANO, J.
Defendant was convicted, by his plea of guilty, of possession of cocaine in violation of Health and Safety Code section 11350. He contends, in this appeal, that the district attorney improperly determined him to be ineligible for diversion from prosecution.
We agree, and reverse the judgment of conviction on the ground that the district attorney’s determination that the defendant is ineligible for diversion is not supported by evidence, as required by Penal Code section 1000, subdivision (b), and Sledge v. Superior Court (1974) 11 Cal.3d 70 [113 Cal.Rptr. 28, 520 P.2d 412],
The…
2Cases cited6 opinions
- People v. Superior Court (On Tai Ho)California Supreme Court · 1974
- Sledge v. Superior CourtCalifornia Supreme Court · 1974
- People v. PadfieldCalifornia Court of Appeal · 1982
- People v. WilliamsonCalifornia Court of Appeal · 1982
- People v. DyasCalifornia Court of Appeal · 1979
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3Cited by5 opinions
- People v. MartinsenCalifornia Court of Appeal · 1987
- People v. BishopCalifornia Court of Appeal · 1992
- Butler v. Sup. Ct. of Los Angeles Cty.California Court of Appeal · 1998
- Butler v. Sup. Ct. of Los Angeles Cty.California Court of Appeal · 1998
- People v. FloresCalifornia Court of Appeal · 1987