People v. Ryan CA5

INTRODUCTION

The trial court denied defendant Nathan Joseph Ryan’s petition for mental health diversion under Penal Code section 1001.36.1.1 The court found him eligible but not suitable for diversion, reasoning that defendant targeted vulnerable victims. Defendant subsequently pleaded no contest to second degree robbery and was sentenced to two years in prison. On appeal, defendant contends that the trial court abused its discretion in denying his motion for mental health diversion. We agree that the court applied an incorrect legal standard in ruling on his petition. We thus conditionally vacate defendant’s no contest plea, conditionally reverse the judgment, and remand the matter for further proceedings consistent with section 1001.36.

PROCEDURAL BACKGROUND AND FACTUAL SUMMARY

On January 7, 2024, Carlos R. was waiting near a store in Bakersfield with his backpack hanging from the arm of his walker. Defendant approached Carlos and offered to carry the backpack, but Carlos declined the assistance. Defendant warned Carlos that he had a knife if Carlos did not give defendant the backpack. Carlos was scared and screamed in panic. Defendant took his backpack. The District Attorney…