Parra v. Municipal Court for San Leandro-Hayward Judicial District

Opinion

RACANELLI, P. J.

The People appeal from a judgment mandating the municipal court to reconsider its decision whether to divert respondent Dorothy Carmen Parra pursuant to the provisions of Penal Code section 1000 et seq. The sole question considered by the superior court and reviewable on appeal is whether the municipal court abused its discretion by imposing as a condition to diversion that an otherwise eligible defendant first admit the charged offense. We conclude that the imposition of such a condition is wholly unjustified and constituted an abuse of discretion; therefore, we affirm…