Error and/or relief
The trial court abused its discretion in finding the defendant unsuitable for mental health diversion, citing an unreasonable risk of danger to public safety.
First Holding:
The primary goal of section 1001.36 is to increase diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety. Advances in psychology and neuroscience inform this goal.
Authority:
Sarmiento v. Superior Ct. (2024) 98 Cal.App.5th 882, 898
Second Holding:
Section 1001.36 narrowly defines an unreasonable risk of danger to public safety as requiring an unreasonable risk that the defendant will commit one of several statutorily enumerated violent felonies colloquially known as super strikes.
Authority:
PEN 1001.36(c)(4)
People v. Moine (2021) 62 Cal.App.5th 440, 449
Third Holding:
We review a trial court’s decision on whether to grant section 1001.36 diversion for abuse of discretion. In this context, a court abuses its discretion when it applies the wrong legal standard or bases its decision on express or implied factual findings that are not supported by substantial evidence.
Authority:
People v. Moine (2021) 62 Cal.App.5th 440, 448-449
Fourth Holding:
In concluding that the defendant posed such a danger, the court found she was likely to continue selling fentanyl, that the fentanyl she sold was likely to kill someone, and that she could be prosecuted for such a death on a theory of implied malice murder. According to the court, this established an unreasonable risk that the defendant would commit a super strike—murder—and the court denied diversion.
The court’s reasoning rests on purely speculative factual findings unsupported by any evidence. Speculation is not evidence, less still substantial evidence. The court did not cite any other basis for denying diversion, nor do the People cite an alternative basis for affirming the court’s order. The court abused its discretion in denying diversion on this basis. Accordingly, we reverse.
Authority:
Wise v. DLA Piper LLP (2013) 220 Cal.App.4th 1180, 1188
People v. Ramon (2009) 175 Cal.App.4th 843, 851