People v. Moreno CA2/2

Filed 12/23/25 P. v. Moreno CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B343497

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. XEAKA130877) v.

JOHNNY MORENO,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Stephanie C. Brenan, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

INTRODUCTION Defendant Johnny Moreno appeals the trial court’s judgment, challenging the court’s denial of his motion for mental health diversion pursuant to Penal Code1 section 1001.36. His appeal rests entirely on the premise that the court erred in denying his request for a continuance to gather additional evidence to support his section 1001.36 motion. We affirm. BACKGROUND One afternoon in July 2022, police spotted Moreno driving a truck his mother had reported stolen. When they tried to pull him over, Moreno refused to stop. Instead, he drove to his apartment complex and parked. During the approximately one- minute pursuit, he went through several stop signs and red lights. Moreno was arrested and charged with driving a vehicle without consent (Veh. Code, § 10851, subd. (a)) and reckless evasion of police (Veh. Code, § 2800.2). About a year later, in July 2023, his appointed counsel filed a motion for funds for a psychological evaluation, which the trial court promptly granted. About a year after that, on August 7, 2024, defense counsel filed the section 1001.36 motion. To the motion, he attached the report of psychiatrist diagnosing Moreno with an unspecified mood disorder and posttraumatic stress disorder. The report was dated November 7, 2023. The report did not say either diagnosed condition was a factor in Moreno’s commission of the charged offenses. It recited that Moreno took his mother’s truck, after she said he could not, because he had a date he did not want to miss.