Error and/or relief
The trial court applied an incorrect legal standard in ruling on the defendant’s petition seeking mental health diversion. We thus conditionally vacate defendant’s no contest plea, conditionally reverse the judgment, and remand the matter for further proceedings consistent with section 1001.36.
First Holding:
We review a trial court’s order denying mental health diversion for abuse of discretion and its factual findings for substantial evidence. A court abuses its discretion when it makes an arbitrary or capricious decision by applying the wrong legal standard, or bases its decision on express or implied factual findings that are not supported by substantial evidence. We presume a trial court’s order is correct and indulge all intendments and reasonable inferences to support it. Absent evidence to the contrary, we presume a trial court knew the law and followed it. But where a court’s ruling clearly expresses the legal and factual basis for its resolution of controverted issues, an appellate court will not imply findings the trial court did not make.
Authority:
People v. Moine (2021) 62 Cal.App.5th 440, 448–449
People v. Giordano (2007) 42 Cal.4th 644, 666
People v. Ramirez (2021) 10 Cal.5th 983, 1042
Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1384
Second Holding:
Section 1001.36(b)(1)(2) provides that a defendant is eligible for mental health diversion if (1) they present evidence that in the last five years they have been diagnosed by a qualified mental health expert with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, and (2) their mental disorder was a significant factor in the commission of the charged offense.
Authority:
PEN 1001.36(b)
Third Holding:
If a defendant satisfies the eligibility requirements in section 1001.36(b), the court then must consider whether the defendant is suitable for diversion based on the following criteria set forth in section 1001.36(c): (1) In the opinion of a qualified mental health expert, the defendant’s symptoms of the mental disorder that caused, contributed to, or motivated the defendant’s criminal behavior would respond to mental health treatment; (2) The defendant consents to diversion and waives their right to a speedy trial; (3) The defendant agrees to comply with treatment as a condition of diversion; and (4) The defendant will not pose an unreasonable risk of danger to public safety, as defined in section 1170.18, if treated in the community.
Authority:
PEN 1001.36(c)
Fourth Holding:
A diversion order is expressly discretionary with the court, even when all of the criteria are met. However, this residual discretion must be exercised consistent with the principles and purpose of the governing law. The stated purpose of mental health diversion is to keep people with mental disorders from entering and reentering the criminal justice system while protecting public safety, to give counties discretion in developing and implementing diversion across a continuum of care settings, and to provide mental health rehabilitative services. Legislative history confirms there is a strong legislative preference for treatment of mental health disorders because of the benefits of such treatment to both the offending individual and the community.
Authority:
Vaughn v. Superior Court (2024) 105 Cal.App.5th 124, 135
Sarmiento v. Superior Court (2024) 98 Cal.App.5th 882, 892
Gomez v. Superior Court (2025) 113 Cal.App.5th 671, 691
Fifth Holding:
The record shows that the trial court’s ruling failed to apply the correct legal standards to defendant’s diversion request. After finding defendant eligible, the court denied him diversion because he was unsuitable based on the determination that he targeted vulnerable people. This ruling rests on a legal error because the court did not apply the four statutory suitability criteria found in section 1001.36(c). Additionally, denial of mental health diversion using a court’s residual discretion should be limited to those situations where the purposes of the statute would not be achieved.
Here, the trial court relied on its observation that defendant targeted vulnerable victims but failed to tie that observation to achieving the purposes of the statute, and the strong legislative preference for treatment of mental health disorders because of the benefits of such treatment to both the offending individual and the community. By applying the wrong legal standard, the trial court abused its discretion in denying defendant’s motion for mental health diversion.
Authority:
Grossmont Union High School Dist. v. Diego Plus Education Corp. (2023) 98 Cal.App.5th 552, 584 [trial court applied an incorrect legal standard when it did not apply one of the essential components for deciding whether fees should be awarded under the applicable fee statute]
Vaughn v. Superior Court (2024) 105 Cal.App.5th 124, 138
Gomez v. Superior Court (2025) 113 Cal.App.5th 671, 691
People v. Moine (2021) 62 Cal.App.5th 440, 449