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PEOPLE v. SUPERIOR COURT (ORTIZ)

No. E077594.

81 Cal.App.5th 851 (2022)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent. JESSICA ORTIZ, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

July 28, 2022.

Attorney(s) appearing for the Case

Michael A. Hestrin , District Attorney, and Emily R. Hanks , Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Steven L. Harmon , Public Defender, and Jason M. Cox , Deputy Public Defender, for Real Party in Interest.

Bartell, Hensel & Gressley, Donald J. Bartell , Lara J. Gressley and Michael W. Donaldson for California DUI Lawyers Association as Amicus Curiae on behalf of Real Party in Interest.

OPINION

I.

Penal Code, section 1001.95 (Stats. 2020, ch. 334, § 1, eff. Jan. 1, 2021, as amended by Stats. 2022, ch. 58, § 6, eff. June 30, 2022) authorizes superior court judges to offer pretrial diversion, over the prosecution's objection, to persons being prosecuted for "a misdemeanor...

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