In an appeal from a prior remand for consideration of mental health diversion (PC 1001.36), the Court of Appeal affirms the trial court’s denial of defendant’s request for diversion. The court holds that even where the defendant’s offense is not categorically ineligible for diversion, a trial court may still rely on the circumstances of the offense in denying diversion. The court additionally holds that a trial court may deny diversion without holding an evidentiary hearing where the defendant fails to make a prima facie showing in support of diversion.
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