State v. Pinkham

OPINION

BIRCH, Justice.

We granted the application for permission to appeal filed by Charles A. Pinkham, Jr., in order to determine the extent to which the district attorney general must disclose on the record the evidence relied upon to reject an application for pretrial diversion. 1

We find that the district attorney general has a duty to include in the record the factual basis and rationale for denying diversion. If, in petitioning the trial court for review of the diversion decision, the petitioner contests the facts upon which the district attorney general relied, then the trial court…