Kramer

A felony complaint charging petitioner, Barbara Mary Kramer, with possession of heroin (Health & Saf. Code, § 11350), was filed in the respondent court on May 28, 1974. After arraignment, on the recommendation of the district attorney and with petitioner’s consent, the matter was referred to the probation department for its investigation and recommendation on the question whether petitioner’s case should be diverted. (Pen. Code, § 1000.1.) Diversion was recommended, and on July 26, 1974, the case was diverted for one year on condition that petitioner cooperate with the probation department and participate in a program of education, treatment, or rehabilitation, as directed by the probation officer. The matter was continued for “further report” to January 17, 1975.

Sometime before the continued date the probation officer filed a report recommending that diversion be terminated and criminal proceedings be resumed. The report recited that petitioner had failed to complete a drug diversion program and had failed to report to the probation officer, by mail, during the months of November and December. The report also summarized petitioner’s explanations for these…