4DCA Division 1 Oral Argument - 2026/04/07 - Apr 07, 2026
argument4DCA Division 1 Oral Argument - 2026/04/07
California Fourth District Court of Appeal, Division One
45 min
3 chapters
transcribed 1 month ago
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Transcript
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What are the opening remarks and procedural setup for the oral argument?
Oh she can be ready. The very cloud.
Good morning, welcome to the Court of Appeal.
This is on the benchmark field for you. We'll stop using that argument to have you properly adjusted. Uh if you use the restroom, uh you have to come back through screen and inside the courtroom. I will court as in session. Please keep talking noise down to a minimum. Any questions?
All right. The Court of Appeal of the City of California, Fourth Appellate District, Division One is now in session with the Honorable District Commons designing. PC. Well good morning and welcome to the Court of Appeal for this special set oral argument. With me on this panel are Justice Dato to my right, Justice Buchanan to my left. We're hearing the matter of Bobo versus Superior Court for the petition. Brian Ahern. Yes sir. Would you please approach the podium and state your appearance and let us know if you wish to reserve time to respond?
Thank you, Honor. Can the court hear me?
Yes.
Thank you. Your Honor uh petitioner requests three minutes uh for rebuttal time. All right,
could you state your name please? Yes,
Ryan Ahern on behalf of petitioner Amy Bobo. Thank you. Whenever the court's ready.
Please proceed.
May it please the court presiding justice and associate justices. Miss Bobo requests writ relief in this matter because the trial court abused their discretion in finding Miss Bobo unsuitable for diversion based on the inherent nature of the offense in which she was charged, an offense that is otherwise eligible for misdemeanor diversion. That decision was an abusive discretion and we asked that this court uh remand this matter to the trial court in order for Miss Bobo to have a new hearing consistent with the policies and principles of misdemeanor diversion. RIP relief is appropriate in this matter for two reasons. First, this the issue of what factors the court may consider in denying or granting diversion is a new area of law that is of interest to the bench and bar, and this court should provide guidance to trial courts as to what factors the court may or may not consider in granting or denying diversion.
Additionally, Ms. Bobo will be s will suffer an injury that is not immediately remedying on appeal. In diversion statutes, the purpose of diversion is to avoid a criminal conviction and when a criminal a person must be convicted and sentenced in order for a reviewing court to review whether or not a trial court properly determined whether that person is suitable for diversion, that undercuts the diversionary statute. Uh there is numerous cases both in one thousand one point nine five and in other diversion statutes that indicate that pretrial uh writ relief is appropriate based on the in the new diversionary statutes that have been passed in recent years by the legislature, as well as the purpose of the diversion statute, which is
I hate to interrupt you, but all of this is of great importance to us. This case is a little bit different twist because it's a misdemeanor. And so you took it first to the appellate division uh which denied writ relief and then you brought it to us. And so procedurally that creates a little bit different a standard of review for us, does it not?
It does, Your Honor. We uh our position is that this court should determine whether or not writ relief is available to the petitioner first under a de novo standard, since that is an area of law uh that does not involve the court addressing any facts by the trial court. We would contend that the case law And excuse me, and the purpose of the diversion statute indicate that writ review should have been granted by the t appellate division. Additionally, the appellate division's decision and order does n was an abusive discretion because the appellate division does not make clear in its order that it understood the entire scope of the uh availability of writ review, the numerous cases under one thousand one point nine five that allowed writ review for both the prosecution and the defense, with although there was an appeal available both in Ortiz, TAN versus Appellate Division, uh and Grassi.
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