Shaginyan

BACKGROUND

The complaint charging defendant, along with others, with the cannabis offenses was filed on September 14, 2018. A bench warrant was issued for defendant’s arrest when he did not appear for arraignment, and after defendant came to court on August 17, 2022, the warrant was recalled, and the case was continued several times at defendant’s request. On April 17, 2023, defendant appeared, represented by counsel, and the prosecutor indicated he was not opposed to defendant being granted diversion. The prosecutor told the court that, “for a security guard with no subsequent contact, the term is 12 months, no commercial cannabis activity, 40 hours community service. Obey all laws.” After being informed of the terms of diversion, defendant indicated he understood and accepted them. The court told defendant that, if he complied with the conditions, the case would be dismissed in a year.

1 All further statutory references are to the Penal Code, unless otherwise specified. 2 This court has jurisdiction to consider the appeal, because under section 1466, subdivision (a)(2), the dismissal was “an order . . . dismissing . . . the action . . . entered before the defendant has been…