People v. Superior Court
California Court of Appeal
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
- McGowan v. MarylandSupreme Court of the United States · 1961
- McDonald v. Board of Election Comm'rs of ChicagoSupreme Court of the United States · 1969
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- Serrano v. PriestCalifornia Supreme Court · 1971
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3Cited by2 opinions
- Shetters v. StateCourt of Appeals of Alaska · 1992
- Broxterman v. Secretary, Department of Corrections (Polk County)District Court, M.D. Florida · 2023