People v. Moreno CA2/2

INTRODUCTION

Defendant Johnny Moreno appeals the trial court’s judgment, challenging the court’s denial of his motion for mental health diversion pursuant to Penal Code1 section 1001.36. His appeal rests entirely on the premise that the court erred in denying his request for a continuance to gather additional evidence to support his section 1001.36 motion. We affirm.

BACKGROUND

One afternoon in July 2022, police spotted Moreno driving a truck his mother had reported stolen. When they tried to pull him over, Moreno refused to stop. Instead, he drove to his apartment complex and parked. During the approximately one- minute pursuit, he went through several stop signs and red lights. Moreno was arrested and charged with driving a vehicle without consent (Veh. Code, § 10851, subd. (a)) and reckless evasion of police (Veh. Code, § 2800.2). About a year later, in July 2023, his appointed counsel filed a motion for funds for a psychological evaluation, which the trial court promptly granted. About a year after that, on August 7, 2024, defense counsel filed the section 1001.36 motion. To the motion, he attached the report of psychiatrist diagnosing Moreno with an unspecified mood…