Tellez v. Superior Court
| Docket Number | E074244 |
| Decision Date | 23 October 2020 |
Jeremy Tellez was charged with DUI offenses and sought pretrial mental health diversion. The issue presented for the Court of Appeal's review was which of the two statutes prevailed: Vehicle Code section 23640 or Penal Code section 1001.36. Like the trial court, the Court concluded that Vehicle Code section 23640 prevailed and barred pretrial mental health diversion for defendants charged with DUI offenses. the Court therefore denied Tellez’s petition for a writ of...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
16 cases
-
Tan v. Superior Court of San Mateo Cnty.
...unavailable to DUI defendants. ( Grassi , supra , 73 Cal.App.5th at p. 291, 288 Cal.Rptr.3d 385 ; Tellez v. Superior Court (2020) 56 Cal.App.5th 439, 443, 270 Cal.Rptr.3d 418 ( Tellez ).)Read separately, the statutes appear to conflict. On the one hand, defendants like Tan who have been cha......
-
People v. Superior Court of Riverside Cnty.
...in Diaz-Armstrong followed the correct analysis and analytical framework set forth in Tellez v. Superior Court (2020) 56 Cal.App.5th 439 at pages 444-448, 270 Cal.Rptr.3d 418 ( Tellez ) and other cases ( State Dept. of Public Health v. Superior Court (2015) 60 Cal.4th 940, 956-960, 184 C......
-
Ferra v. Loews Hollywood Hotel, LLC
...of statutory construction is an infallible guide to correct interpretation in all circumstances" ’ " ( Tellez v. Superior Court (2020) 56 Cal.App.5th 439, 448, 270 Cal.Rptr.3d 418 ), and "canons of construction ... will not be applied so as to defeat the underlying legislative intent otherw......
-
Persiani v. Super. Ct. of Orange Cty.
...ineligible for pre-trial mental health diversion under Pen. Code, § 1001.36 because of Veh. Code, § 23640]; Tellez v. Superior Court (2020) 56 Cal.App.5th 439, 270 Cal.Rptr.3d 418 [same].) These cases, however, addressed the availability of pretrial diversion to competent defendants charged......
Get Started for Free
2 books & journal articles
-
Table of cases
...Illinois (1988) 484 U.S. 400, §§5:42, 5:63.4 Teal v. Superior Court (2004) 117 Cal.App.4th 488, §5:83 Tellez v. Superior Court (2020) 56 Cal.App.5th 439, §8:20 Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299, §11:61 Terry v. Ohio (1968) 392 U.S. 1, 9, §§7:11.1, 7:20.1.2, ......
-
Diversion and the suspension of proceedings
...of the Fourth District Court of Appeal hold DUI offenses are ineligible for mental health diversion. Tellez v. Superior Court (2020) 56 Cal.App.5th 439 and Moore v. Superior Court (2020) 58 Cal.App.5th 561. Two of the same justices sat on both cases, and although both involve felony DUI cha......