People v. Burgess CA3

Filed 1/30/26 P. v. Burgess CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Siskiyou) ----

THE PEOPLE, C101591

Plaintiff and Respondent, (Super. Ct. Nos. SCCR-CRF- 2017-028, 23CF04430 & v. 23CF06612)

CHARLES THOMAS BURGESS,

Defendant and Appellant.

After the trial court denied defendant Charles Thomas Burgess’ request for pretrial mental health diversion (Pen. Code, § 1001.36)1 he pled no contest to several charges in two separate cases and admitted to violating probation in a third. The trial court sentenced defendant to five years four months in prison. Defendant claims the trial court abused its discretion when it found him unsuitable for mental health diversion despite acknowledging he did not pose an unreasonable risk of committing a “super strike.” We conclude the trial court abused its discretion in denying mental health diversion.

1 Further undesignated section references are to the Penal Code.

1

Accordingly, we vacate defendant’s no contest plea and sentence, and remand for the trial court to determine defendant’s suitability for mental health diversion. FACTUAL AND PROCEDURAL BACKGROUND As defendant pled no contest, we summarize the factual basis of the plea agreement from the probation report. In Siskiyou County Superior Court case No. 23CF04430, defendant and his girlfriend, A.O.,2 had a verbal argument in June 2022. During the argument, he unloaded a shotgun. Defendant informed the responding officers he was a convicted felon and gave the officers three shotgun shells from his pants pockets. Officers arrested defendant and transported him to the local police station. A subsequent search revealed defendant had a plastic tube containing ammunition. In August 2023, the People charged defendant with possession of a firearm by a felon (§ 29800, subd. (a)(1)), two counts of unlawful possession of ammunition (§ 30305, subd. (a)(1)), and alleged defendant had two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12). The People also alleged several circumstances in aggravation. In Siskiyou County Superior Court case No. 23CF06612, police officers responded to a report of a woman receiving threats from her ex-boyfriend in October 2022. The victim, A.O., said defendant had threatened to hurt her. A.O. reminded defendant that she had a restraining order, and defendant responded, “ ‘I have nothing to lose. . . . If you think that is going to stop me, you’re stupider than I thought.’ ” A.O. was scared to return home because she believed defendant would find her there and harm her. In July 2023, the People charged defendant with making criminal threats (§ 422, subd. (a)) and battery on a cohabitant (§ 243, subd. (e)(1)), and alleged defendant had two