Islas v. Superior Court

Filed 5/20/22 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

ALICIA URBIETA ISLAS, H049445 (Santa Clara County Petitioner, Super. Ct. Nos. F20001358, 21AP002718) v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

Petitioner Alicia Urbieta Islas is charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds. (a) and (b).) She moved for pretrial diversion under Penal Code section 1001.95, which gives judges discretion to offer diversion to misdemeanor defendants. The trial court denied diversion based on Vehicle Code section 23640, under which DUI defendants are categorically ineligible for diversion. The trial court’s appellate division having denied mandate relief, petitioner seeks that relief here. We stayed trial court proceedings and issued an order to show cause. We received an opposition brief from the district attorney and an amicus brief in support of the petition from attorney Paul Burglin. Two appellate courts have published decisions finding misdemeanor DUI defendants similarly situated to petitioner categorically ineligible for Penal Code section 1001.95 diversion. (Grassi v. Superior Court (2021) 73 Cal.App.5th 283

(Grassi); Tan v. Superior Court (2022) 76 Cal.App.5th 130 (Tan).) We agree with the reasoning in those authorities and will therefore deny the petition for writ of mandate. This matter presents a single issue: whether misdemeanor DUI defendants are categorically ineligible from Penal Code section 1001.95 diversion by operation of Vehicle Code section 23640. The issue is a question of statutory interpretation, which we review de novo. (People v. Gonzalez (2017) 2 Cal.5th 1138, 1141.) “As in any case involving statutory interpretation, our fundamental task here is to determine the Legislature’s intent so as to effectuate the law’s purpose.” (People v. Murphy (2001) 25 Cal.4th 136, 142.) “We begin by examining the statute’s words, giving them a plain and commonsense meaning.” (Ibid.) We “consider the language of the entire scheme and related statutes, harmonizing the terms when possible.” (Riverside County Sheriff’s Dept. v. Stiglitz (2014) 60 Cal.4th 624, 632.) “When the language of a statute is clear, we need go no further.” (People v. Flores (2003) 30 Cal.4th 1059, 1063 (Flores).) It is only when language is susceptible of more than one reasonable interpretation that “we may ‘look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part.’ ” (In re M.M. (2012) 54 Cal.4th 530, 536.) Penal Code section 1001.95, subdivision (a) states: “A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.” Penal Code section 1001.95, subdivision (e) states that a “defendant may not be offered diversion” for any of the following charged offenses: Penal Code section 273.5 (inflicting corporal injury on a domestic violence victim); Penal Code section 243, subdivision (e) (battery on a domestic violence victim); Penal Code section 646.9 (stalking); and any offense for which a person would have to register under Penal Code section 290 (sex offender registration). 2