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TAN v. APPELLATE DIVISION OF SUPERIOR COURT

No. A163715.

76 Cal.App.5th 130 (2022)

LONGEN TAN, Petitioner, v. APPELLATE DIVISION OF THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division One.

March 10, 2022.

Attorney(s) appearing for the Case

Douglas I. Horngrad and Sam O'Keefe for Petitioner.

Stephen M. Wagstaffe , San Mateo County District Attorney, Sean F. Gallagher , Chief Deputy District Attorney, Rebecca L. Baum , Shin-Mee Chang , Morris Maya and Ryan S. Geisser , Deputy District Attorneys for Respondent.

No appearance for Real Party in Interest.

OPINION

Longen Tan was charged with misdemeanor driving under the influence. Effective January 1, 2021, the Legislature enacted a new law, Penal Code1 section 1001.95, making defendants charged with misdemeanors generally eligible for diversion at the discretion of the trial judge. The...

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