Davis v. Municipal Court for San Francisco Judicial District

Opinion

ARGUELLES, J.

In recent years, the Legislature has enacted a number of statutory provisions which recognize the authority of local entities to adopt pretrial diversion programs for persons charged with misdemeanors. (See, e.g., Pen. Code, §§ 1001-1001.9, 1001.50-1001.55.)1 In this case we must determine the validity of one of the central features of these misdemeanor diversion statutes—a provision granting a local district attorney the authority to approve or disapprove a local diversion program (§§ 1001.2, subd. (b), 1001.50, subd. (b))—as well as the validity of one specific *70provision…