People v. Smith CA2/2

BACKGROUND

On March 1, 2024, an information was filed charging defendant in count 1 with grand theft (§ 487, subd. (a)) and in count 2 receiving stolen property (§ 496, subd. (a)). In count 1, it was further alleged defendant committed the offense while she was out of custody on bail or on her own recognizance within the meaning of section 12022.1. It was further alleged defendant suffered a prior strike, within the meaning of the “Three Strikes” law, and served a prior prison term under section 1170, subdivision (h). On April 8, 2024, defendant filed a motion for mental health diversion, pursuant to section 1001.36, along with a diversion report by the psychologist who evaluated her. The psychologist opined defendant “me[t] criteria for treatment in the community.” In her motion, defendant argued: (1) she “has been diagnosed with an unspecified mood disorder, stimulant use disorder, opioid use disorder, alcohol use disorder, and cannabis use disorder”; (2) the “disorders were a significant factor in the commission of the charged offenses”; and (3) the evaluating doctor “opines that [defendant’s] symptoms of her mental disorders that motivated her behavior in this case would…