Appeal of trial court’s decision denying defendants’ participation in a trial diversion program. The two appellants were offered participation in a pretrial diversion program if they paid $230 in fees. Appellants were unable to pay, and the prosecution sought to remove them from the program. They filed a complaint alleging removal from the program because of their inability to pay the fees is a violation of the Fourteenth Amendment of the Constitution.
Payment of a fee as an absolute condition of participation in the program discriminates against indigent appellants and violates the Fourteenth Amendment. There is no rational relationship between a defendant’s guilt or innocence and his inability to pay fees.