Reed

BACKGROUND

This matter involves three criminal cases. In case No. F24- 02766, petitioner was charged with possession for sale of a controlled substance (§ 11378) for an incident that occurred in May 2023. In case No. F25-00216, petitioner was charged with possession of a hard drug with two prior convictions (§ 11395, subd. (b)(1) (section 11395(b)(1))) for an incident that occurred on January 28, 2025. And in case No. F25-00429, petitioner was charged with possession of a hard drug with two prior convictions under section 11395(b)(1) for an incident that occurred on January 6, 2025. Petitioner filed a motion for pretrial mental health diversion and for treatment pursuant to section 11395.

2 At the hearing on petitioner’s motion, his counsel explained that, because not all of petitioner’s pending charges qualified for treatment under section 11395, petitioner was requesting treatment under section 11395 and pretrial mental health diversion. Counsel argued that petitioner qualified for pretrial mental health diversion as to all charges because he had a qualifying diagnosis and because he would be a suitable candidate. The People responded that, because section 11395 applied…