People v. Silva CA3

Filed 12/23/25 P. v. Silva CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C101421

Plaintiff and Respondent, (Super. Ct. No. 23FE009090)

v.

JOHN SILVA,

Defendant and Appellant.

The trial court denied defendant John Silva’s petition for mental health diversion under Penal Code section 1001.36.1 Silva subsequently pleaded no contest to felony evasion and possession of fentanyl for sale, and the court sentenced him to five years four months in state prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, Silva contends that the trial court erred in ruling that he was ineligible and unsuitable for mental health diversion. We conclude that Silva has failed to show that the court abused its discretion in determining that he was unsuitable for diversion. We therefore affirm the judgment. BACKGROUND In June 2023, law enforcement officers attempted to initiate a traffic stop after they noticed Silva’s car changing lanes without a turn signal and failing to stop at a red light. The officers activated their siren and lights, and Silva fled in his car, leading law enforcement on a 31-mile chase. Silva drove slower than the posted highway speed limit of 65 miles per hour for most of the chase, but at times reached speeds in the “mid-70s.” During the pursuit, Silva swerved between highway lanes and threw plastic bags containing white powder out of the car’s window. Using a spike strip, officers eventually pulled Silva over and found large quantities of suspected narcotics, which police later determined were heroin and fentanyl. Silva told the officers that he had fled because he wanted to kill himself. The People charged Silva with willfully evading a marked patrol car with wanton disregard for the safety of persons and property (Veh. Code, § 2800.2, subd. (a)), possession of heroin for sale (Health & Saf. Code, § 11351), and possession of fentanyl for sale (Health & Saf. Code, § 11351). The information further alleged that Silva had suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Silva moved for pretrial mental health diversion under section 1001.36. His motion included an assessment from Cristina Rainwater, a mental health professional. Rainwater’s report detailed Silva’s mental health and substance abuse history and concluded that his symptoms were consistent with diagnoses of schizoaffective disorder, depressive type; substance-induced psychotic disorder; severe amphetamine-type substance use disorder; and severe opioid use disorder. His symptoms included depression, hopeless thoughts, difficulty sleeping, paranoia, general anxiety, and auditory