People v. Ryan CA5

Filed 3/2/26 P. v. Ryan CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088831 Plaintiff and Respondent, (Super. Ct. No. BF197971A) v.

NATHAN JOSEPH RYAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. J. Eric Bradshaw, Judge. Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, David A. Lowe and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and De Santos, J.

INTRODUCTION The trial court denied defendant Nathan Joseph Ryan’s petition for mental health diversion under Penal Code section 1001.36.1.1 The court found him eligible but not suitable for diversion, reasoning that defendant targeted vulnerable victims. Defendant subsequently pleaded no contest to second degree robbery and was sentenced to two years in prison. On appeal, defendant contends that the trial court abused its discretion in denying his motion for mental health diversion. We agree that the court applied an incorrect legal standard in ruling on his petition. We thus conditionally vacate defendant’s no contest plea, conditionally reverse the judgment, and remand the matter for further proceedings consistent with section 1001.36. PROCEDURAL BACKGROUND AND FACTUAL SUMMARY On January 7, 2024, Carlos R. was waiting near a store in Bakersfield with his backpack hanging from the arm of his walker. Defendant approached Carlos and offered to carry the backpack, but Carlos declined the assistance. Defendant warned Carlos that he had a knife if Carlos did not give defendant the backpack. Carlos was scared and screamed in panic. Defendant took his backpack. The District Attorney of Kern County filed an information on February 15, 2024, charging defendant with second degree robbery (§ 212.5, subd. (c)) and alleging five aggravating sentencing factors (Cal. Rules of Court, rule 4.421(a)(1)–(3), (9) & (b)(1)). Defendant pleaded not guilty and denied the allegations. Defendant filed a motion for mental health diversion pursuant to section 1001.36 on June 27, 2024. The trial court denied the motion.