People v. Webster CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In ruling on the motion for pretrial mental health diversion, the trial court relied on the factual description contained in the police reports attached to Webster’s motion. We accordingly look to those police reports in setting

forth the following summary of the relevant facts.2 A. The Incident on May 14, 2023 The incident that gave rise to Webster’s prosecution occurred on May 14, 2023. Webster and his girlfriend were loudly arguing outside their

Unless otherwise indicated, all further statutory references are to the Penal Code. In their respondent’s brief, the People cite extensively from the reporter’s transcript of Webster’s preliminary hearing that occurred on July 17, 2023. However, the trial court did not have the testimony from the preliminary hearing before it when it ruled on the motion for mental health diversion. The preliminary hearing was presided over by a different trial court judge, and no transcript from the preliminary hearing was introduced during the proceedings on the motion for mental health diversion. Accordingly, we do not rely on the reporter’s transcript from the preliminary hearing when setting…