People v. Venturine CA2/6

Filed 4/26/22 P. v. Venturine CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B311624 (Super. Ct. Nos. 2018004449, Plaintiff and Respondent, 2019027003, 2019033455) (Ventura County) v.

MARK ANTHONY VENTURINE,

Defendant and Appellant.

Mark Anthony Venturine appeals the judgment entered after he pleaded no contest to five counts of making criminal threats (Pen. Code,1 § 422), and one count each of inflicting corporal injury on a current or former cohabitant (§ 273.5, subd. (a)) and stalking (§ 646.9, subd. (b)). Appellant also admitted a prior strike and serious felony conviction (§§ 667, subds. (a)(1),

All further undesignated statutory references are to the 1

Penal Code.

(c)-(e), 1170.12, subds. (a), (c)). The trial court sentenced him to 10 years in state prison.2 Appellant, who has been diagnosed with mental disorders including obsessive compulsive disorder and alcohol use disorder, contends the court abused its discretion in denying his request for mental health diversion under section 1001.36. We conclude the request was properly denied because appellant failed to present a qualified mental health expert’s opinion that appellant’s “symptoms of the mental disorder motivating the criminal behavior would respond to mental health treatment,” as required under section 1001.36, subdivision (b)(1)(C). Accordingly, we affirm. FACTS AND PROCEDURAL HISTORY In December 2017, appellant and his girlfriend Pauline M. got into an argument after she saw a text message from another woman on his cellphone. After Pauline asked appellant to leave her house, he told her “he would start with [her] car, then he would ruin [her] house and then he would find [her] and kill [her]. And then he said he would break [her] son’s neck.” Appellant, who had been drinking alcohol, also pushed Pauline and punched a hole in her bedroom door. In July 2018, appellant went to Pauline’s house and told her he was “cleaning up his act” and was residing in a sober living facility. Appellant began drinking beer and yelled at Pauline, who asked him to leave. Appellant pushed Pauline to the ground, straddled her, and repeatedly punched her in the face and head. Pauline, who was bleeding from her head, nose, and