Alwien

Hon. Brian Alvarez, Acting Presiding Judge of the Appellate Division Fresno County Superior Court *11 I.

BACKGROUND

Appellant received a grant of felony probation after he was returned from the California Department of Corrections and Rehabilitation (CDCR) from a diagnostic evaluation and recommendation pursuant to Penal Code section 1203.03. He then sought to address his pending traffic infraction cases. In the traffic court, he claimed the prosecution of his pending traffic cases was barred by Vehicle Code section 41500 because he had been committed to the CDCR for a diagnostic evaluation. 2 The traffic court denied his motion to dismiss his consolidated cases, and appellant thereafter entered a guilty plea. He timely filed a notice of appeal.

*12 Appellant again maintains his traffic cases should have been dismissed under section 41500 because he received a "commitment" to the CDCR when he was placed in a diagnostic facility. Respondent challenges this claim arguing appellant was "placed temporarily" in a CDCR diagnostic facility, not actually committed to the CDCR as defined in section 41500. In their initial briefing, both parties assumed without discussion that this…