56 Cal.App.5th 439
Cal. Ct. App.2020Background
- Jeremy Tellez was charged in a felony complaint with multiple DUI-related offenses, injury enhancements, and prior serious/strike convictions.
- Tellez moved for pretrial mental-health diversion under Penal Code §1001.36; the trial court denied the motion, ruling DUI offenses are categorically ineligible.
- Tellez petitioned for a writ of mandate seeking to vacate the trial court’s ruling; the Court of Appeal issued an order to show cause and stayed trial-court proceedings.
- The legal conflict centers on Vehicle Code §23640 (longstanding statute barring diversion in DUI cases) versus Penal Code §1001.36 (2018 mental-health diversion statute that lists disqualified offenses but does not expressly list DUI).
- The court examined legislative history (including contemporaneous changes to the military-diversion statute, Penal Code §1001.80) and concluded the Legislature intended Vehicle Code §23640 to remain an exception to §1001.36.
- Holding: Vehicle Code §23640 prevails; DUI offenses are categorically ineligible for mental-health diversion under Penal Code §1001.36, and the petition was denied.
Issues
| Issue | Tellez's Argument | People/Superior Court's Argument | Held |
|---|---|---|---|
| Whether Vehicle Code §23640 bars pretrial diversion under Penal Code §1001.36 for DUI charges | §1001.36 (a later statute) authorizes diversion for eligible defendants; later-enacted statute and policy favor mental-health diversion for DUI offenders | §23640, a decades-old statute, expressly prohibits diversion for DUI; legislative history shows Legislature knew how to override §23640 (see military diversion) but did not do so for §1001.36 | Vehicle Code §23640 prevails; DUI offenses are ineligible for mental-health diversion under §1001.36 |
Key Cases Cited
- State Dept. of Public Health v. Superior Court, 60 Cal.4th 940 (reconciliation of conflicting statutes and statutory construction principles)
- Hopkins v. Superior Court, 2 Cal.App.5th 1275 (addressed conflict over military diversion and §23640)
- VanVleck, People v. VanVleck, 2 Cal.App.5th 355 (alternative appellate view in military-diversion split)
- People v. Weatherill, 215 Cal.App.3d 1569 (discussing Vehicle Code former §23202/§23640 as barring diversion in DUI cases)
- People v. Duncan, 216 Cal.App.3d 1621 (historical treatment of Vehicle Code diversion prohibition)
- People v. McShane, 36 Cal.App.5th 245 (interpretation and operation of Penal Code §1001.36)
- Wade v. Superior Court, 33 Cal.App.5th 694 (effect of legislative amendment clarifying military-diversion availability for misdemeanor DUI)