People v. Ramirez CA5

INTRODUCTION

Sergio Erick Ramirez (defendant) fired a gun at his wife’s head after she refused to drive him to illegally purchase prescription medications from a black market dealer. The Kern County District Attorney charged defendant with (among other conduct) attempted murder (Pen. Code, §§ 664, 187, subd. (a), 189), assault with a semiautomatic firearm (§ 245, subd. (b)) and two counts of criminal threats (§ 422). (Undesignated statutory references are to the Penal Code.) Prior to trial, defendant requested pretrial mental health diversion pursuant to section 1001.36. Defendant cited his history of opioid abuse and resulting psychiatric disorders as grounds for this relief. The trial court determined defendant was not eligible under the statute and denied his motion. A jury convicted defendant of the lesser included offense of attempted voluntary manslaughter, assault with a semiautomatic firearm, false imprisonment, criminal threats, and felony child abuse. The trial court sentenced defendant to a determinate term of 32 years 8 months. Defendant raises several issues on appeal. First, he claims the trial court erred when it denied his motion for pretrial mental health…