Persiani

Filed 2/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

RHONDA PERSIANI,

Petitioner,

v. G062648

THE SUPERIOR COURT OF ORANGE (Super. Ct. Nos. 30-2022-01278408,

COUNTY, 21HM06672, 20HM02654,

19HM02553, 19HM11594) Respondent,

OPINION

THE PEOPLE,

Real Party in Interest.

Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of Orange County, Julian W. Bailey, Judge. Petition denied and matter remanded with directions. Martin F. Schwarz, Public Defender, Laura Jose, Chief Deputy Public Defender, and Adam Vining, Assistant Public Defender, for Petitioner. No appearance for Respondent. Todd Spitzer, District Attorney, and Austin Deuel, Deputy District Attorney, for Real Party in Interest. We hold a trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally 1 incompetent misdemeanor defendant charged with driving under the influence. Here,…