People v. Griffin CA2/6

Filed 5/4/23 P. v. Griffin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B317141 (Super. Ct. Nos. 2020030101, Plaintiff and Respondent, 2021016595) (Ventura County) v.

ANTHONY JOHN GRIFFIN,

Defendant and Appellant.

Anthony John Griffin was charged in case No. 2020030101 with two counts of driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) with a prior similar conviction (Pen. Code, § 666.5, subd. (a)),1 and two counts of receiving stolen property, i.e., a motor vehicle (§ 496d, subd. (a)). Griffin also was charged with misdemeanor counts of giving false information to a police officer (§ 148.9, subd. (a)) and possessing drug paraphernalia

1 All further statutory references are to the Penal Code unless otherwise indicated.

(Health & Saf. Code, § 11364, subd. (a)). A 2016 conviction for dissuading a victim or witness was alleged as a prior “strike.” (§§ 667, 1170.12.) Griffin pled not guilty and denied all special allegations. Griffin moved for mental health pretrial diversion pursuant to section 1001.36. The trial court released Griffin to a residential treatment program for further mental health evaluation. Approximately two months later, the trial court found that Griffin was an “eligible candidate” for mental health pretrial diversion and “tentative[ly]” granted diversion. A court date was set for Griffin to appear for mental health diversion sentencing. When Griffin failed to appear for sentencing, the trial court issued a bench warrant, set bail at $60,000 and determined Griffin was not a suitable candidate for mental health pretrial diversion. In the meantime, Griffin absconded from the residential treatment program and committed a new offense. He was found asleep in the driver’s seat of an automobile that had been reported stolen and was charged with receiving stolen property (§ 496d, subd. (a)) in case No. 2021016595. It was alleged that Griffin had suffered a prior Three Strikes conviction (§§ 667, 1170.12) and a previous felony conviction for driving or taking a vehicle without consent (§ 666.5, subd. (a); Veh. Code, § 10851, subd. (a)). It was further alleged that Griffin committed the offense while released from custody on his own recognizance in case No. 2020030101. (§ 12022.1, subd, (b).)2