State v. DiLuzio

In separate incidents, Elmer B. DiLuzio, Jr., was charged with possessing heroin, second degree theft, and making a false statement. Without the prosecutor’s referral, he unsuccessfully petitioned for admission to drug court. He was convicted as charged. The sole issue on appeal is whether the prosecutor or the trial court retains the power to refer a defendant to drug court. We agree with the trial court that the prosecutor retains executive discretion to decide whether to recommend referral to drug court. Accordingly, we affirm.

FACTS

Mr. DiLuzio was charged with possession of a controlled…