People v. Rodriguez CA5

INTRODUCTION

Respondent and defendant Francisco Cortez Rodriguez (Rodriguez), who was 70 years old and diagnosed with Alzheimer’s dementia, was arrested after an altercation with a security guard at a market. He was charged with four felony offenses with one prior strike conviction. After being held to answer, he moved for pretrial mental diversion pursuant to Penal Code1 sections 1001.35 and 1001.36, based on the argument that his Alzheimer’s dementia was a significant factor in the commission of the charged offenses. The Tulare County District Attorney’s office opposed the diversion motion. After a lengthy evidentiary hearing, including testimony from an expert about Rodriguez’s mental disorder, the trial court overruled the district attorney’s objections, granted Rodriguez’s motion, and placed him on pretrial mental health diversion with a specific treatment plan pursuant to section 1001.36. Thereafter, the People of the State of California, as appellant and represented by the district attorney, filed the instant appeal from the trial court’s order that granted the diversion motion. Rodriguez argues the People lack the statutory right to file an appeal from the trial court’s…