Bagby

—Elrena Vickie Bagby appeals an order granting her diversion (Pen. Code, § 1000) following her plea of guilty to misdemean- or possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)) entered after her motion to suppress evidence had been denied. Bagby has filed an opening brief in which her sole contention is the motion to suppress evidence should have been granted. A codefendant’s appeal remains pending. The People have moved to dismiss Bagby’s appeal on the sole ground criminal proceedings have been suspended, no judgment of conviction has been entered and a denial of a suppression motion is not reviewable on an appeal from a diversion order.

Initially we note a diversion order is appealable by the People to test the availability of diversion to the defendant (People v. Wright, 47 Cal.App.3d 490, 492-493 [ 120 Cal.Rptr. 899 ]). Because a defendant must consent to diversion, it is unlikely a defendant would qualify as an aggrieved party entitled to an appeal to test the validity of the diversion order itself. That, however, is not before us on this appeal and we do not determine whether under any circumstances an appeal would lie by a defendant to…