Wade v. Superior Court

*700Andrew M. Wade is an active duty member of the United States Army Special Forces Group and affiliated with the Naval Postgraduate School in Monterey. Wade seeks relief by writ of mandate from an order of respondent Monterey County Superior Court denying his request to enter a pretrial diversion program after he was charged with misdemeanor driving under the influence with a blood alcohol concentration above 0.15 percent.

At issue is the trial court's discretion to decide whether a defendant who is eligible to participate in pretrial diversion under the military diversion statute, Penal Code…