Morse v. Municipal Court

Opinion

WRIGHT, C. J.

Petitioner Kenneth A. Morse, charged with possession of marijuana, seeks a writ of mandate commanding respondent municipal court to divert him from criminal prosecution to a special rehabilitative *153treatment center afforded to first-time drug offenders. (Pen. Code, §§ 1000-1000.3.)1 Petitioner’s principal contention is that it was improper for the trial judge to deny diversion on the ground that the time for petitioner to consent to participation in the program had passed once he filed a pretrial motion to suppress evidence. (§ 1538.5.) For reasons hereinafter stated, we…