People v. Higgins CA4/2

Good Law
Court of Appeal of CaliforniaMarch 6, 2024E081027California3,932 words

Opinion

Opinion

INTRODUCTION

Defendant and appellant Riley Kyle Higgins appeals the order denying his motion

for mental health diversion (the Motion) on two grounds: (1) that the trial court abused

its discretion by allegedly basing its denial on the monetary cost of the proposed

treatment plan and (2) that this impermissible consideration of monetary cost was an

equal protection violation. The People argue that the trial court did not abuse its

discretion because it based its decision on the following permissible factors: the

insufficiency of the treatment that defendant would have received under diversion, a

finding that defendant posed an unreasonable risk to public safety, and the inadequacy of

the supervision that diversion would have provided. In the alternative, they argue that

any reference to cost was harmless error.

We find that the trial court did not consider, let alone base its denial on, the

monetary cost of the proposed mental health treatment plan. It instead relied on

permissible factors to render its decision. We therefore affirm the trial court’s ruling.

FACTUAL AND PROCEDURAL HISTORY

On February 2, 2022, defendant entered the bathroom of a grocery store…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.