Brackett

After being found ineligible for pretrial drug diversion, defendant Kelly Jean Brackett was convicted in the Placer County Municipal Court of the misdemeanor offenses of being under the influence of a controlled substance (Health & Saf. Code, § 11550) and trespassing (Pen. Code, § 602, subd. (j) [all subsequent statutory references are to the Penal Code unless otherwise indicated]). She appealed to the Appellate Department of the Placer County Superior Court, contending that the district attorney abused his discretion in determining she was ineligible for diversion and that she was improperly denied pretrial review of the district attorney’s determination of her ineligibility. The appellate department agreed with her last contention and remanded the case to the municipal court for the purpose of conducting a hearing to determine whether the district attorney’s finding of ineligibility was supported by substantial evidence. The appellate department then certified the transfer of this case to our court for the purpose of resolving the following question: “Where a defendant makes application for drug diversion under Penal Code Section 1000 et. seq., is that defendant…