Jun. 13, 2022 – People v. Qualkinbush (4th Dist., Div. 1, D078778)

The Court of Appeal holds the trial court abused its discretion by relying on general objectives of sentencing and failing to consider the primary purposes of PC 1001.36 in denying appellant’s motion for mental health diversion. The court conditionally vacates appellant’s guilty plea and remands with instructions to reconsider appellant’s motion, bearing in mind the statutory principles and purposes of PC 1001.36.