People v. Buccafurri CA2/4

INTRODUCTION

Defendant and appellant Constance A. Buccafurri was charged with stalking, making annoying phone calls, and multiple counts of making criminal threats. Before trial, she requested mental health diversion in lieu of prosecution. The trial court denied Buccafurri’s request for diversion, concluding she posed an unreasonable risk of danger to public safety. Buccafurri pled no contest to one count of criminal threats and one count of stalking. On appeal, she argues the trial court abused its discretion in denying her request for mental health diversion. We agree.

PROCEDURAL BACKGROUND

In 2017, the Los Angeles County District Attorney filed an information charging Buccafurri with stalking (Pen. Code,1 § 646.9, subd. (a); count one), five counts of making criminal threats (§ 422, subd. (a); counts two through six), and one count of making annoying telephone calls (§ 653m., subd. (a); count seven). In March 2018, the court, over defense counsel’s objection, declared a doubt as to Buccafurri’s competency under section 1368. The court appointed a psychiatrist to prepare a competency report. Six months later, the court found Buccafurri competent to stand trial. She pled not…