People v. Bracey CA4/1

BACKGROUND

Because the denial of pretrial mental health diversion is the sole issue on appeal, we draw the factual background from the exhibits submitted in support of and in opposition to the motion. Carjacking Incident After a night of drinking at a club with family members in May 2021, Bracey became “somewhat nasty,” behaved erratically, and appeared “out of it.” He wandered away from the group and later jumped out of a moving car driven by his girlfriend. When his girlfriend stopped and tried to get him

All undesignated statutory references are to the Penal Code.

2 back in the car, he tried to punch her. She left to get help from a family member, but they could not find him when they returned. Bracey went to a convenience store, which he entered and exited numerous times over the period of an hour. He asked the clerk to use the phone but did not make a call, he challenged the clerk to fight, and he asked if the clerk had a vehicle. Bracey approached several people in the parking lot of the convenience store and approached or tried to tamper with vehicles in the lot. One driver left after seeing Bracey come toward the driver’s truck with a “weird look” in his eyes.…