People v. Ashley CA2/8

INTRODUCTION

James Leland Ashley appeals from the judgment entered after he pleaded no contest to recklessly causing a fire to an inhabited structure (Pen. Code,1 § 452, subd. (b)). He argues the trial court erred in denying his application for mental health diversion under section 1001.36 because the evidence failed to support its finding that Ashley did not currently suffer from a mental disorder. The People concede that the trial court did not apply the proper legal standard under the recent amendments to section 1001.36, and that the matter should be remanded for the court to apply the amended statute. We agree and, therefore, conditionally reverse the judgment and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

I. Underlying charges

Ashley was charged with one count of arson of a structure (§ 451, subd. (c)), and one count of recklessly causing a fire to an inhabited structure (§ 452, subd. (b)). According to the preliminary hearing testimony, on November 17, 2022, the police responded to a fire at a residence occupied by Ashley. When the officers arrived, the house was on fire, and Ashley was in the backyard. He was…