California Court of Appeal

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PEOPLE v. ORIHUELA, C045963

Defendant's conviction for felony failure to appear while participating in diversion is reversed where, as a matter of law, a person granted diversion pursuant to Penal Code section 1000 cannot be convicted of failing to appear under Penal Code section 1320, as he is not "on his own recognizance."

Appellate Information

  • Decided 09/09/2004
  • Published 09/09/2004

Judges

  • MORRISON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  J. Robert Spangler, Woodland, CA, and Joshua Kaizuka, under appointments by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stephen G. Hernon and Maggy Krell, Deputy Attorneys General, Sacramento, CA, for Plaintiff and Respondent.
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