Berlin

BACKGROUND

In July 2017, the San Francisco District Attorney filed an information charging appellant with felony stalking between December 2015 and February 2016 (§ 646.9, subd. (b)). The information also charged appellant

1 All undesignated statutory references are to the Penal Code.

1 with six misdemeanors, including two restraining order violations (§ 273.6, subd. (a)), and four protective order violations (§ 166, subd. (c)(1)). 2 On March 9, 2020, the trial court suspended criminal proceedings and placed appellant on mental health diversion. On March 30, 2022, the case came on calendar for a victim impact statement; appellant moved to dismiss the criminal charges based on her successful completion of diversion. Appellant’s counsel stated, “I just filed the motion, so I understand we’ll need to put that over, but we have exceeded at this point the two-year time period for diversion, and given that [appellant] had consistently positive reports and she’s been allowed to remain in diversion, I think she is due for a dismissal.” Counsel argued, “No request for restitution had been made prior to these discussions earlier this month, and my reading of the statute is that for a…