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 qualifying 2 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…