PALO ALTO, Calif. — A Santa Clara County judge denied judicial diversion to an accused man facing a misdemeanor petty theft charge after prosecutors pointed to an earlier diverted case, highlighting questions about whether prior diversion can later be used to deny defendants another opportunity for rehabilitation.
During an arraignment in Palo Alto Superior Court, Judge Karen Wynholds ruled in agreement with Deputy District Attorney Zachary Soled. The judge declined to grant diversion, relying in part on the accused’s prior diverted petty theft case.
Before the discussion of diversion, Deputy Public Defender Ellen Kirkby and DDA Soled agreed that the accused—who allegedly stole $130 worth of sneakers from Target—should be released on his own recognizance.
DDA Soled argued that Judge Wynholds should also impose a stay-away order from the named Target to prevent the accused from allegedly committing the same offense again.
DPD Kirkby, however, asked that the accused be granted diversion. The accused had said he was willing to attend eight hours of classes and complete 20 hours of community service, DPD Kirkby said in making her request.
DDA Soled, however, argued that the accused had previously received diversion for the same offense—petty theft—and asked Judge Wynholds not to grant diversion. He added that the original diversion was granted in January and that the offense for which the accused was in court allegedly occurred in April.
Under California’s judicial diversion process, a court may suspend criminal proceedings and allow an accused person to complete rehabilitative conditions established by the court. If diversion is successfully completed, the charges are dismissed and no conviction results.
The prior diversion cited by the prosecution may not have resulted in a finding of guilt because diverted cases generally do not proceed to a verdict if the diversion process is completed. As a result, Judge Wynholds’ decision raises broader questions about the extent to which prior diversion cases should be considered when determining eligibility for future diversion.
The judge ultimately granted release on the accused’s own recognizance and imposed a stay-away order from the Target where the accused allegedly shoplifted while denying the request for diversion.
As a result, the accused will continue through the traditional criminal court process rather than a second diversion program. The ruling also highlights an ongoing policy debate over whether prior diversion should be weighed against an accused seeking another opportunity for rehabilitation, particularly when diversion is designed to avoid a criminal conviction.
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