Negron

INTRODUCTION

Petitioner seeks a writ of mandate to vacate an order denying mental health diversion under Penal Code section 1001.36 in his two pending criminal cases.1 Petitioner was deemed statutorily ineligible for mental health diversion under section 1001.36 because, while the court concluded he suffers from several qualifying2 mental health disorders, he also currently suffers from antisocial personality disorder (ASPD), a mental disorder expressly excluded by section 1001.36, subdivision (b)(1)(A) (section 1001.36(b)(1)(A) or § 1001.36(b)(1)(A)). The central question presented is whether a defendant suffering from an excluded mental health disorder under section 1001.36(b)(1)(A) is statutorily ineligible for mental health diversion based on a different, qualifying mental disorder. We conclude section 1001.36(b)(1)(A) does not wholly preclude from diversion defendants who suffer from both excluded and included mental health disorders; section 1001.36(b)(1)(A) requires only that a defendant suffers from one qualified mental health disorder. The trial court’s denial of diversion was incorrect under our interpretation of the section 1001.36(b)(1)(A), the trial court’s order is…