SAN FRANCISCO — San Francisco County Superior Court Judge Brian J. Stretch granted misdemeanor diversion to a 29-year-old woman accused of breaking into a vacant apartment, despite objections from Deputy District Attorney Blake Hyde, who argued her criminal history disqualified her from diversion.
The woman, who was unhoused at the time of the incident, is charged with misdemeanor unlawful entry and appeared in custody.
The defense described her as a strong candidate for diversion, citing a limited criminal record consisting of a single petty theft charge from 2024. A prior bench warrant in the current case had been recalled and discharged.
The deputy public defender requested mental health diversion under conditions the court deemed appropriate, arguing the woman would benefit from continued support.
Hyde opposed the request, arguing the conduct was too serious and the accused’s criminal history was more significant than usual for diversion candidates.
“She’s got a somewhat significant criminal history as well as the conduct here of breaking into someone else’s apartment,” Hyde said.
Judge Stretch questioned whether the apartment was actually occupied. Hyde acknowledged the previous tenants had just moved out.
While Stretch noted the apartment remained a residential property, he found the case suitable for diversion under Penal Code section 1001.95. He stated the woman must not be arrested during the diversion period and must comply with a stay-away order from the address.
Hyde also requested that Narcotics Anonymous or Alcoholics Anonymous meetings be required, citing concerns about the accused’s background despite no substance-related charges being filed.
Judge Stretch declined to impose those conditions, stating that while the woman might benefit from the meetings, diversion conditions must relate directly to the charges at hand.
The woman was placed on diversion through Sept. 2. If she complies with the terms during the two-month period, the case will be dismissed.
