People v. Denton

Opinion

COLE, P. J.

We hold here that this court has no jurisdiction to entertain an appeal from an order of a magistrate purporting to grant diversion (Pen. Code, §§ 1000-1000.5) to a defendant accused of committing a felony.

A felony complaint alleged that respondent unlawfully planted and cultivated marijuana in violation of Health and Safety Code section 11358, subdivision (a). When the matter was called, apparently for arraignment prior to preliminary hearing, the magistrate referred defendant to the probation office for possible diversion and continued the hearing. The record does not…