Parra

The People appeal from a judgment mandating the municipal court to reconsider its decision whether to divert respondent Dorothy Carmen Parra pursuant to the provisions of Penal Code section 1000 et seq. The sole question considered by the superior court and reviewable on appeal is whether the municipal court abused its discretion by imposing as a condition to diversion that an otherwise eligible defendant first admit the charged offense. We conclude that the imposition of such a condition is wholly unjustified and constituted an abuse of discretion; therefore, we affirm the judgment.

Facts

The underlying facts are undisputed. Upon a determination of eligibility for consideration for diversion relating to misdemeanor violations of Health and Safety Code sections 11357 (possession of marijuana) and 11364 (possession of smoking paraphernalia), Dorothy’s case was referred to the probation department for the required background investigation and recommendation concerning her suitability for diversion. (Pen. Code, § 1000.1, subd. (b).) Thereafter, the department filed its report evaluating Dorothy as an “excellent candidate for diversion . . . not . . . [now] requiring…