People v. Busby CA3

BACKGROUND

In October 2023, Busby and a companion entered a supermarket. Busby took various items, placed them in a bag, and left the store without paying. The store’s loss prevention officer confronted Busby, and a struggle ensued. Busby eventually grabbed the bag from the officer and fled the scene. The People charged Busby with second degree robbery. (§ 211.) They further alleged that he had a prior strike based on a 2018 conviction for first degree burglary. (§§ 667, subds. (b)-(i), 1170.12.) In July 2024, Busby filed a motion for mental health diversion under section 1001.36. His motion attached a report from a Licensed Clinical Social Worker (LCSW) stating that he had been diagnosed with anxiety and depression and that he “was likely experiencing ongoing symptoms of anxiety” during the alleged crime. The prosecution opposed the motion, arguing that Busby had failed to present sufficient evidence of his diagnosis. The People also maintained that clear and convincing evidence showed that Busby’s mental health disorder was not a significant factor in the commission of the charged offense. The prosecution attached copies of Busby’s criminal record as well as police reports from…