Denial of Mental Health Diversion must be supported by substantial evidence
Jeanette SARMIENTO, Petitioner, v.The SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;The People, Real Party in Interest. D082443; Filed January 9, 20242024 WL 94326 (Cal.App. 4 Dist.), 1
Summary: Sarmiento requested mental health diversion (Pen. Code, § 1001.361) after being charged with attempted robbery. Sarmiento had handed a liquor store clerk a note written in lipstick on a napkin saying, “Let me get the money.” The store employees did not give her any money but called 911.
A psychiatric evaluation submitted in support of Sarmiento’s request for diversion diagnosed her as suffering from post-traumatic stress disorder (PTSD), major depressive disorder, and stimulant use disorder specific to methamphetamine. The PTSD was a result of years of sexual trauma she suffered as a child and adolescent. Sarmiento never received treatment for her foundational mental health diagnoses of PTSD and depression, and she self-medicated. Her failure to address the foundational mental health issues led to relapse and a resumption of criminal behavior.