COURT WATCH: Despite Charged with Misdemeanors with No Previous Record, Accused Denied Judicial Diversion 

By Ximena Cesa

WOODLAND, CA – During a motion hearing last week in Yolo County Superior Court, the accused’s history and age was presented in an attempt to obtain judicial diversion for the charges—judicial diversion would mean criminal charges would be suspended pending on completing the “conditions of diversion.”

The accused, represented by Deputy Public Defender Cheyanne Martin, is charged with driving under the influence and hitting a parked car, and carrying an unregistered firearm.

These charges, however, are listed as misdemeanors not felonies, and DPD Martin argued  judicial diversion would be applicable despite the charges “sounding severe.”

Further factors that DPD Martin asked the judge to consider is the accused does not have a previous record of any sort, and is fairly young.

After considering this, Judge Sonia Cortés asked Deputy District Attorney Casper Gorner what their thoughts were on this appeal for judicial diversion.

While DDA Gorner acknowledged the accused was seemingly a good candidate based on no previous criminal history and age, the charges were too serious.

DDA Gorner also disagreed with judicial diversion, arguing the accused was “lucky that the charges were misdemeanors.”

DPD Martin argued that even if the accused were to get the maximum punishment for their charges it would only be a year of probation, which closely resembles judicial diversion.

DPD Martin added once again that the accused was “young with no previous criminal record charged with misdemeanors,” which makes the accused a good candidate for diversion.

Judge Cortés ruled the accused would not be granted judicial diversion due to public safety concerns. DPD Martin asked for the hearing to be passed in order to discuss with their client what this ruling meant for them and the terms of their sentencing.

Thus the court will reconvene at a later time.

About The Author

Ximena is a current senior at the University of California, Berkeley. Ximena is studying Political Science and Global Studies in hope of attending law school next year. Once in law school Ximena intends to focus on Criminal Defense in addition to International Law.

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