People v. Trammell CA3

BACKGROUND

Around 6:00 a.m. on May 22, 2023, the victim was standing outside her car in a parking lot texting on her cell phone when a man holding a gun and wearing some type of face covering approached her. He demanded her things. She handed him her cell phone, wallet, and the keys to her car. He used the keys to take the victim’s car. Defendant was later identified and arrested. An amended information charged defendant with carjacking (§ 215, subd. (a); count one) and robbery (§ 211; count two). Both counts included an enhancement for personal use of a firearm (§ 12022.53, subd. (b)), and five aggravating factors. The amended information also alleged that defendant suffered a prior strike conviction for burglary. (§§ 459, 1192.7, subd. (c), 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) Defendant filed an application for pretrial mental health diversion. (§§ 1001.35, 1001.36.) The Department of Behavioral Health assessed and diagnosed him with major depressive disorder and substance abuse disorder. Defense counsel noted that because of his disorders, defendant was not high functioning in the community and resorted to theft as a means of surviving while living on the street. He…