Cabalar

FACTS

At a time when Cabalar was on formal probation in three other counties, a complaint filed in Orange County Superior Court charged him with seven counts based on a May 2023 arrest: possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), possession of ammunition by a prohibited person (id., § 30305, subd. (a)(1)), possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), obliterating firearm identification (Pen. Code, § 23900), two counts of misdemeanor possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and misdemeanor possession of controlled substance paraphernalia (id., § 11364, subd. (a)). I.

DEFENDANT’S MENTAL HEALTH DIVERSION MOTION

After being arraigned on the complaint, entering a not guilty plea, and being released on bail, Cabalar filed a motion for mental health diversion pursuant to section 1001.36. His moving papers argued he suffered from various mental disorders that substantially contributed to commission of the crimes charged and he met all the qualification requirements for pretrial diversion under the statute. He explained a licensed psychologist, Dr.

3 Dean Leav, evaluated…