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DAVIS v. MUNICIPAL COURT

Docket No. S.F. 24900.

46 Cal.3d 64 (1988)

757 P.2d 11

249 Cal. Rptr. 300

JENNIFER DAVIS, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN FRANCISCO JUDICIAL DISTRICT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

July 28, 1988.

Attorney(s) appearing for the Case

COUNSEL

Jack Morgan for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Robert R. Granucci, Herbert F. Wilkinson and Blair W. Hoffman, Deputy Attorneys General, Arlo Smith, District Attorney, and Judith M. Garvey, Assistant District Attorney, for Real Party in Interest.

James K. Hahn, Gary R. Netzer and Ira Reiner, City Attorneys (Los Angeles), Greg Wolff, Jack L. Brown and R. Bruce Coplen, Deputy City Attorneys, as Amici Curiae on behalf of Real Party in Interest.

OPINION

ARGUELLES, J.

In recent years, the Legislature has enacted a number of statutory provisions which recognize the authority of local entities to adopt pretrial diversion programs for persons charged with misdemeanors. (See, e.g., Pen. Code, §§ 1001-1001.9, 1001.50-1001.55.)1 In this case we must determine the validity of one of the central features of these misdemeanor diversion statutes...

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