People v. Ball CA4/1

California Court of Appeal Mar 24, 2016 No. D065795Unpublished

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Holding. The court reversed the defendant's conviction and remanded the case because the record failed to establish why the defendant was rejected from a diversion program that was a material term of her plea agreement, preventing a determination of whether the plea was illusory.

Issues

Whether the absence of a record explaining the defendant's rejection from a court-mandated diversion program renders the plea agreement potentially illusory and requires reversal.

Disposition. Reversed and remanded with directions.

Quotations verified verbatim against the opinion

“The absence of a record on that issue prevents us from determining whether the plea bargain was illusory.”

“It is axiomatic that a criminal defendant is entitled to "an appellate record that is adequate to permit meaningful review."”

Filed 3/24/16 P. v. Ball CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065795

Plaintiff and Respondent,

v. (Super. Ct. No. SCS267008)

ADRIENNE RENEE BALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Garry G.

Haehnle, Judge. Reversed with directions.

Susan L. Ferguson, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr. and Lise S.

Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.

We reverse defendant and appellant Adrienne Renee Ball's conviction in this case,

because, as she contends, the record does not establish that the terms of her plea

agreement were enforceable and valid.

Ball pled guilty to one charge of arson in return for, among other matters, an

opportunity to be considered for treatment in a diversion program for mentally ill

offenders. Although Ball was not accepted into the program, there is no record that sets

People v. Ball CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065795

ADRIENNE RENEE BALL,

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FACTUAL AND PROCEDURAL BACKGROUND

DISCUSSION

DISPOSITION

HUFFMAN, J.

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