People v. Smith CA3

Filed 12/31/24 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C099969

Plaintiff and Respondent, (Super. Ct. No. 23CF03571)

v.

DILLION ANTHONY SMITH,

Defendant and Appellant.

Defendant Dillion Anthony Smith appeals from a judgment following his no contest plea to battery with serious bodily injury. Defendant argues the trial court failed to exercise its discretion by expressly denying his request for diversion and that any implied denial of his request was not supported by substantial evidence. Finding no merit to these contentions, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2023, while on a parole hold in jail, defendant and an accomplice attacked another…