Grassi
Grassi v. Super. Ct.
Opinion
Opinion
FACTS
In August 2019, the Orange County District Attorney (OCDA) filed a complaint charging Grassi with misdemeanor driving under the influence of drugs (Veh. Code, § 23152, subd. (f), hereinafter “DUI” or “DUIs”). At her arraignment weeks later, Grassi pleaded not guilty, and the trial court ordered her to remain released on her own recognizance. On January 1, 2021, Penal Code section 1001.95 1went into effect. (Stats. 2020, ch. 334, § 1, pp. 3785-3786.) The following month, Grassi filed a motion for misdemeanor diversion pursuant to section 1001.95. The OCDA filed an opposition arguing she was statutorily ineligible for misdemeanor diversion pursuant to Vehicle Code section 23640 (section 23640 or § 23640). Relying on section 23640 and Tellez v. Superior Court (2020) 56 Cal.App.5th 439 (Tellez), the trial court denied the motion. Grassi filed a petition for writ of mandate with the appellate division. After further briefing, that court denied Grassi’s petition.
All further statutory references are to the Penal Code, unless otherwise indicated.
2 In this court, Grassi filed a petition for writ of mandate and exhibits. Seven exhibits concerned section 1001.95’s…