People v. Bustillos CA4/1

DISCUSSION

Bustillos contends the trial court abused its discretion in denying his mental health diversion motion by applying the wrong legal standard. On the record before us, we disagree. A. Background 1. Bustillos’s Diversion Motion In November 2019, Bustillos filed a motion requesting that the trial court grant him pretrial mental health diversion under section 1001.36. Bustillos supported his motion with an 11-page memorandum of points and authorities; a 30-page (single-spaced) report from a clinical and forensic psychologist (Dr. Malek), which was filed under seal; and a two-page letter from a defense social worker detailing the proposed transition to diversion treatment. In her report, Dr. Malek chronicled Bustillos’s dysfunctional and abusive childhood, and his lengthy histories of mental health issues, substance abuse, and criminal activity. Bustillos did well in high school, until the onset of symptoms of schizophrenia caused his grades to slip. After graduating in 1997, he attended one year of community college before joining the Air Force. After less than one year, he was discharged over mental health concerns. In May 2000, Bustillos was convicted of misdemeanor…