People v. Matheson CA3

FACTS AND PROCEEDINGS

The People charged defendant with reckless or malicious possession of a destructive device or explosive in or near a private habitation (Pen. Code, § 18715, subd. (a)(3))1 and unlawful possession of ammunition (§ 30305, subd. (a)(1)). The People alleged several aggravating circumstances and that defendant suffered two prior strike convictions. The trial court denied defendant’s petition for pretrial mental health diversion under section 1001.36. The court reasoned, in part, that defendant posed an unreasonable risk of danger to public safety given the evidence that defendant was building a bomb and planned to use it against another person. At trial, the People introduced evidence that, in July 2024, defendant’s housemate reported to police that defendant had threatened defendant’s girlfriend and indicated he was going to harm her by building a bomb. A detective trained in identifying destructive devices or explosives searched the house and found in defendant’s bedroom a quart-sized paint can with a shoestring going through the lid that appeared to be an explosive device. Police X-rayed the device and determined it contained a possible explosive powder. The…