Legal Opinion

People v. Superior Court

California Court of Appeal

Decided October 30, 1987No. H003424PublishedCited by 2 opinions

1Opinion of the Court

Opinion

AGLIANO, P. J.

The Superior Court of Santa Clara County has issued a writ of mandate directing the municipal court to begin pretrial diversion procedures for a misdemeanor defendant, real party in interest Yelena E. Skoblov. Santa Clara County has not adopted a pretrial diversion program. The People seek a writ of mandate. We have concluded the superior court exceeded its jurisdiction in mandating diversion for a *1212defendant in a county which has no such treatment available, and accordingly the writ will issue.1

Record

The People charged Skoblov with one count of misdemeanor petty theft in…

2Cases cited27 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. McDonald v. Board of Election Comm'rs of ChicagoSupreme Court of the United States · 1969
  3. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  4. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  5. Serrano v. PriestCalifornia Supreme Court · 1971

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3Cited by2 opinions

  1. Shetters v. StateCourt of Appeals of Alaska · 1992
  2. Broxterman v. Secretary, Department of Corrections (Polk County)District Court, M.D. Florida · 2023

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