People v. Ashley CA2/8

Filed 6/11/24 P. v. Ashley CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B328929

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA159597) v.

JAMES LELAND ASHLEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Maria A. Davalos, Judge. Conditionally reversed and remanded with directions. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

INTRODUCTION James Leland Ashley appeals from the judgment entered after he pleaded no contest to recklessly causing a fire to an inhabited structure (Pen. Code,1 § 452, subd. (b)). He argues the trial court erred in denying his application for mental health diversion under section 1001.36 because the evidence failed to support its finding that Ashley did not currently suffer from a mental disorder. The People concede that the trial court did not apply the proper legal standard under the recent amendments to section 1001.36, and that the matter should be remanded for the court to apply the amended statute. We agree and, therefore, conditionally reverse the judgment and remand for further proceedings consistent with this opinion. FACTUAL AND PROCEDURAL BACKGROUND I. Underlying charges Ashley was charged with one count of arson of a structure (§ 451, subd. (c)), and one count of recklessly causing a fire to an inhabited structure (§ 452, subd. (b)). According to the preliminary hearing testimony, on November 17, 2022, the police responded to a fire at a residence occupied by Ashley. When the officers arrived, the house was on fire, and Ashley was in the backyard. He was pointing a knife at his neck and attempting to cut himself. After the police tased Ashley multiple times, he released the knife and was taken into custody. Ashley told the officers that he started the fire because he was trying to kill himself.