People v. Alwien

Hon. Brian Alvarez, Acting Presiding Judge of the Appellate Division Fresno County Superior Court *11I.

BACKGROUND

Appellant received a grant of felony probation after he was returned from the California Department of Corrections and Rehabilitation (CDCR) from a diagnostic evaluation and recommendation pursuant to Penal Code section 1203.03. He then sought to address his pending traffic infraction cases. In the traffic court, he claimed the prosecution of his pending traffic cases was barred by Vehicle Code section 41500 because he had been committed to the CDCR for a diagnostic evaluation.2 The…