People v. Super. Ct.

BACKGROUND

Petitioner, the People of the State of California, charged real party in interest, Maria Sanchez-Flores, with violating section 330.1, subdivision (a), by unlawfully possessing or permitting the operation of a slot machine. The complaint also alleged real party, within the meaning of subdivision (e) of the same statute, possessed more than one slot machine. Real party, who was represented by counsel at all times, pled not guilty to the charges2 and the cause was eventually placed on respondent’s trial calendar.

On the date set for trial, real party changed her plea to no contest and requested diversion. Respondent, petitioner and real party were in agreement that petitioner met the requirements of section 1001.94. Petitioner sought to have respondent require real party to pay what she would have been required to pay had judgment been entered—a mandatory minimum fine of $2,000 plus all mandated penalty assessments. Instead, respondent obtained a waiver from real party to sentence her outside the statutory period, and placed her on “formal diversion.” The court ordered real party to perform 150 hours of community service, to complete 75 of the required hours within six…