People v. Shaginyan

Summary

The California Appellate Division of the Superior Court reviews the dismissal of a misdemeanor case after diversion under Penal Code section 1001.95. The court holds that probable cause or a strong suspicion that the defendant violated diversion conditions is sufficient to require an evidentiary termination hearing, and that a police report may support that preliminary showing. The dismissal is reversed and the matter is remanded for further proceedings.

Holdings

1. Under Penal Code section 1001.95, subdivision (d), the diversion-termination process is two-step: the court must first determine whether there is probable cause to believe the defendant is not complying with the diversion conditions, and, after notice to the defendant, must then hold an evidentiary hearing. The statute's mandatory use of "shall" requires the hearing once the probable-cause threshold is satisfied.
2. A police report identifying a detained person by the defendant's same name and date of birth, and reporting that the person admitted working as a security guard at an unlicensed cannabis store, was sufficient to establish probable cause for a diversion termination hearing.
3. The trial court erred by finding the prosecutor's showing insufficient, refusing to conduct an evidentiary hearing, denying the termination petition, and dismissing the case.

Questions Presented

1. What standard governs the first step of the two-step misdemeanor-diversion termination process under Penal Code section 1001.95, subdivision (d)?
2. Whether the prosecutor's police report and related submissions established sufficient probable cause for the court to conduct an evidentiary hearing concerning an alleged diversion violation.
3. Whether the trial court erred by refusing to conduct a diversion termination hearing and dismissing the case.

Disposition

reversed_and_remanded