People v. Victorian CA2/6

FACTS AND PROCEDURAL HISTORY

In October 2022, customers at Jons Fresh Marketplace reported smelling smoke coming from the restroom and hearing someone talking to herself. A security guard unlocked the restroom door and discovered that Victorian had set fire to the restroom’s trash can. When the police arrived, they recovered a cigarette lighter in Victorian’s pocket and arrested her. Victorian was charged with one count of arson. (§ 451, subd. (c).) The trial court granted Victorian mental health diversion (§ 1001.35, subd. (b)). But Victorian failed to appear, and the court later terminated diversion and reinstated criminal proceedings. In March 2023, Victorian pleaded no contest to arson. As part of her plea, Victorian signed a “Plea Form, with Explanations and Waiver of Rights—Felony.” Victorian initialed several boxes, indicating that she understood and agreed with the form. Several of the boxes are crossed out with an “X,” allegedly done by Victorian’s attorney. One crossed-out box is a paragraph entitled “Registration” and states, “I understand that I will be required to register with the local police agency or sheriff’s department in the city or county in which I reside as…