Islas

Filed 5/20/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

ALICIA URBIETA ISLAS, H049445

(Santa Clara County Petitioner, Super. Ct. Nos. F20001358, 21AP002718) v.

THE SUPERIOR COURT OF SANTA

CLARA COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

Petitioner Alicia Urbieta Islas is charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds. (a) and (b).) She moved for pretrial diversion under Penal Code section 1001.95, which gives judges discretion to offer diversion to misdemeanor defendants. The trial court denied diversion based on Vehicle Code section 23640, under which DUI defendants are categorically ineligible for diversion. The trial court’s appellate division having denied mandate relief, petitioner seeks that relief here. We stayed trial court proceedings and issued an order to show cause. We received an opposition brief from the district attorney and an amicus brief in support of the petition from attorney Paul Burglin. Two appellate courts have published decisions finding misdemeanor DUI defendants…