Vaughn

INTRODUCTION

In this case, Kavonte Amarion Vaughn seeks a writ of mandate vacating an order denying mental health diversion under Penal Code sections 1001.35 and 1001.36 in his pending criminal case, in which he is charged with two counts of second degree robbery and one count of second degree attempted robbery.1 The trial court concluded that Vaughn made a prima facie showing satisfying the eligibility and suitability requirements for mental health diversion, including that Vaughn would not pose an unreasonable risk of danger to public safety. But it denied diversion because, in the court’s view, Vaughn failed to make “a serious enough effort for this court[ ] to find that he is suitable for mental health diversion.” The Legislature gave trial courts discretion to deny mental health diversion even after a criminal defendant has made a prima facie showing of eligibility, but that discretion must be informed by the legislative goals underlying the mental health diversion law. The trial court here did not consider these legislative goals when it denied Vaughn’s motion. Because the trial court abused its discretion, we issue the writ and direct the trial court to grant his motion…