People v. Garcia CA2/1

Filed 8/22/25 P. v. Garcia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B335902

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA131804) v.

YVETTE RENEE GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rogelio Delgado, Judge. Affirmed as modified. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

Defendant and appellant Yvette Renee Garcia challenges the trial court’s denial of her motion for mental health diversion under Penal Code section 1001.36.1 Garcia was charged with one count of assault with a deadly weapon (§ 245, subd. (a)(1); count 1), one count of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 2), and one count of driving with a blood-alcohol level of at least .08 (Veh. Code, § 23152, subd. (b); count 3) for an incident where, while intoxicated, she deliberately rammed her car into that of another person with whom she was arguing. She concedes that Vehicle Code section 23640 renders her ineligible for diversion on the latter two counts, but she argues that the court could still have granted diversion on the assault charge. We disagree and affirm. Vehicle Code section 23640 bars diversion “[i]n any case in which a person is charged with” a DUI offense. (Id., subd. (a), italics added.) The charges against Garcia were part of a single case and a single course of conduct, and thus she is ineligible for diversion on all the charges. BACKGROUND ON PRIOR PROCEEDINGS According to the Probation Department’s report on the case, Pomona police officers reported that Garcia deliberately rammed her car into a victim’s car after the victim refused to move it. A breath test conducted shortly thereafter showed that Garcia had a blood-alcohol concentration between .22 and .24. After the trial court denied her request for mental health diversion, Garcia pleaded no contest to counts 1 and 3, and the