Pacheco

Filed 2/15/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B311538 (Super. Ct. No. 2020023820) Plaintiff and Respondent, (Ventura County)

v.

GUADALUPE MOLINA

PACHECO,

Defendant and Appellant.

About 2,000 years ago, one of history’s first legal scholars, Cicero, gave us the Latin phrase: “Salus populi suprema lex esto.” The English translations vary but in legal contemplation, it has one accepted translation: “The safety of the community is the highest law.” (Gilmer, Cochran’s Law Lexicon (5th ed. 1973) p. 265.) The wisdom of this principle remains as evident today as it was 2,000 years ago. Here, the trial court used common sense to implement this principle by denying pretrial mental health diversion to appellant, who suffers from schizophrenia and is addicted to methamphetamine. While under the influence of methamphetamine, using a cigarette lighter and an accelerant, appellant intentionally set fire to dried vegetation in a populated rural area during the late summer fire season. In view of the wildfire crisis in California, we should…