People v. Superior Court

The Superior Court of Santa Clara County has issued a writ of mandate directing the municipal court to begin pretrial diversion procedures for a misdemeanor defendant, real party in interest Yelena E. Skoblov. Santa Clara County has not adopted a pretrial diversion program. The People seek a writ of mandate. We have concluded the superior court exceeded its jurisdiction in mandating diversion for a *1212 defendant in a county which has no such treatment available, and accordingly the writ will issue.

Record

The People charged Skoblov with one count of misdemeanor petty theft in the Municipal Court of Santa Clara County. (Pen. Code, 2 §§ 484, 488.) She had been arrested for taking a paint brush and two cans of paint. She has no criminal record.

Defendant moved to compel pretrial diversion. After denial in the municipal court, the superior court granted her motion by a writ of mandate compelling the municipal court to schedule a diversion eligibility hearing for Skoblov. The superior court gave these reasons for its order: (1) although section 1001.50, subdivision (a) leaves to the county board of supervisors the choice whether or not to adopt diversion programs, the…