Fear Not Law CA Unpub Decisions

P. v. Krochman CA4/2

Filed 9/21/26 P. v. Krochman CA4/2
CA Unpub Decisions

Filed 9/21/26 P. v. Krochman CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E085037

v. (Super. Ct. No. RIF2103681)

JOHN ALEX KROCHMAN, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Jennifer Gerard, Judge.

Conditionally reversed, and remanded with directions.

Laura Vavakin, under appointment by the Court of Appeal, for Defendant and

Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney

General, Arlene A. Sevidal, Assistant Attorney General, Christine Y. Friedman and Paige

B. Hazard, Deputy Attorneys General, for Plaintiff and Respondent.

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I.

INTRODUCTION

After the trial court denied, defendant and appellant, John Krochman’s motion for
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a mental health diversion (MHD) (Pen. Code, § 1001.36 ), he pled guilty to one count of

felony vandalism (§ 594, subds. (a), (b)(1)). As part of his sentence, the trial court

sentenced defendant to three years of formal probation with various domestic violence-

related terms and imposed a 10-year criminal protective order (the DV terms).

Defendant contends, the People concede, and we agree that the trial court

erroneously denied his motion for MHD because the court failed to explain its reasons for

denying the motion and, in doing so, may have applied the law incorrectly. We therefore

agree with the parties that defendant’s plea should be conditionally vacated, and the

matter remanded for a new MHD hearing. We also conclude that defendant’s sentence

must be conditionally vacated, which moots defendant’s challenges to the DV terms,

including the protective order. The judgment is therefore conditionally vacated.

II.

FACTUAL AND PROCEDURAL BACKGROUND

The People charged defendant with one count of felony vandalism (§ 594, subds.

(a), (b)(1)) after he destroyed over $100,000 worth of property in his family home a few

days after his ex-wife left with their five children.

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Unless otherwise noted, all further statutory references are to the Penal Code.

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Defendant moved for a MHD on the ground that he suffered from severe alcohol

use disorder, which was a significant factor in his commission of the vandalism. After a

hearing, the trial court found that defendant had made a prima facie showing of eligibility

and suitability for MHD (§ 1001.36), and referred the matter to the Department of

Behavioral Health for a diversion assessment. An MHD clinical therapist recommended

an eight-point plan to address defendant’s mental health issues.

The People opposed defendant’s request for MHD. Among other things, the

People argued that defendant was not suitable for MHD because he failed to show that his

condition could be addressed through existing community resources and that he would

not pose an unreasonable risk of danger to the public if treated in the community (§

1001.36, subds. (b)(3), (b)(6)).

The trial court denied defendant’s request for MHD. The court found that

defendant was not suitable for MHD because he “would require much more supervision

than what would be afforded under [section] 1001.36.” The court was concerned that

defendant had “an inability to control” himself, even after being charged with felony

vandalism. The court was also concerned that diversion would lead to defendant being

released “with no probation, no law enforcement intervention in the event that he needs

it, and very little accounting of his person” because “[t]hat’s what [MHD] is . . . get the

treatment, but without that supervision.”

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Defendant later pled guilty to one count of felony vandalism. About two years

later, defendant moved for reconsideration of the court’s denial of his request for MHD

and moved to withdraw his plea. The trial court denied both requests.

The court then sentenced defendant to three years of formal probation with 60

days of custody credits and ordered him to pay restitution. As part of his probation, the

trial court imposed the DV terms, which included a 52-week batterer’s course, a $500

domestic violence fine, and a 10-year criminal protective order prohibiting him from

contacting his ex-wife, his sister-in-law, and four of his five sons.

III.

DISCUSSION

Defendant contends the trial court erred by (1) denying his motion for MHD, (2)

denying his motion for reconsideration of that denial, (3) imposing the DV terms, and (4)

issuing the protective order. The People concede, and we agree, that the trial court

erroneously denied defendant’s motion for MHD. On that ground, we vacate defendant’s

plea and sentence, including the DV terms and the protective order, and remand for

further MHD proceedings. We therefore need not address defendant’s second, third, or

fourth contentions.

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A. MHD

MHD “allows the trial court to suspend criminal proceedings and potentially

dismiss the charges if the defendant successfully completes mental health treatment.

[Citation.] To grant diversion, the trial court must find that the defendant is both eligible

for diversion and suitable for a mental health program. [Citation.] ‘Defendants are

eligible if they have been diagnosed with a recognized mental disorder that was a

significant factor in the commission of the criminal offense with which they are charged.’

[Citation.] The trial court ‘shall find that the defendant’s mental disorder was a

significant factor in the commission of the offense unless there is clear and convincing

evidence that it was not a motivating factor, causal factor, or contributing factor to the

defendant’s involvement in the alleged offense.’ [Citation.]” (People v. Flareau (2026)

118 Cal.App.5th 681, 689 (Flareau).)

“A defendant is suitable for diversion if ‘(1) in the opinion of a qualified mental

health expert, the defendant’s mental disorder would respond to treatment; (2) the

defendant agrees to waive their speedy trial rights; (3) the defendant agrees to comply

with treatment requirements; and (4) the defendant will not pose an “unreasonable risk of

danger to public safety”’ as defined. [Citation.]” (Flareau, supra, 118 Cal.App.5th at p.

689.)

“But, even if the trial court finds that a defendant is eligible and suitable for

diversion, the court retains discretion to deny diversion. [Citation.] This has been

deemed ‘residual discretion.’” (Flareau, supra, 118 Cal.App.5th at p. 689.)

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The People correctly concede that the trial court made two clear errors in its
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analysis of whether defendant was suitable for diversion.

First, the trial court denied MHD in large part because defendant’s behavior

toward his ex-wife, sister-in-law, and children after he was charged in this case reflected

“an inability to control one’s self.” But, as the People acknowledge, when a trial court

considers public safety concerns in its suitability analysis, it is limited to assessing

whether the defendant is likely to commit a “super strike” offense if released on a MHD.

(See Sarmiento v. Superior Court (2024) 98 Cal.App.5th 882, 896.) The trial court did

not consider that likelihood and, in any event, the People conceded defendant was

unlikely to commit a super strike.

Second, the trial court’s comments about a lack of accountability and oversight if

defendant were granted MHD reflects a misunderstanding of the MHD process. “A

person granted mental health diversion will be undergoing inpatient or outpatient

treatment [citation], and the statute requires ‘[t]he provider of the mental health treatment

program in which the defendant [is] placed [to] provide regular reports to the court, the

defense, and the prosecutor on the defendant’s progress in treatment’ [citation]. In

2
The People also suggest the trial court erred by failing to consider section
1001.36’s purposes when denying defendant MHD. But the court must do so only when
denying MHD under its residual discretion, and it does not appear that the trial court did
so here. (Sarmiento v. Superior Court, supra, 98 Cal.App.5th at p. 893 [“Where the court
chooses to exercise this residual discretion to deny diversion, its statement of reasons
should reflect consideration of the underlying purposes of the statute and explain why
diversion would not meet those goals”].) When deciding whether a defendant is eligible
and suitable for MHD, trial courts need not consider section 1001.36’s purposes or goals.

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addition, if the person ‘is performing unsatisfactorily in the assigned program [citation],’

or is charged with an additional offense or is engaging in criminal conduct during

diversion, the court must hold a hearing to determine whether to, inter alia, modify

treatment or reinstate criminal proceedings. [Citation.]” (People v. Calabar (2025) 117

Cal.App.5th 41, 58, fn. omitted.)

Here, for instance, defendant’s proposed treatment plan included weekly check-ins

with a case worker, monthly check-ins with the court, and mandatory drug testing. The

plan expressly stated that defendant’s case would be referred to criminal court if he did

not comply with his plan. The trial court thus incorrectly believed there would

effectively be no supervision and, in turn, denied defendant MHD based on “an incorrect

statement of the law.” (People v. Calabar, supra, 117 Cal.App.5th at p. 59.)

We therefore must reverse unless the record clearly indicates that the trial court

still would have denied defendant’s motion for MHD even if the court had applied the

law correctly. (People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.) We agree with the

People that the record does not so clearly indicate.

We therefore conditionally reverse the trial court’s order denying defendant’s

motion for MHD and remand with directions that the trial court reconsider the motion

under the proper criteria. (See People v. Qualkinbush (2022) 79 Cal.App.5th 879, 891-

892.) We agree with the parties that this conclusion moots defendant’s argument that the

trial court erroneously denied his motion for reconsideration of the denial of his motion

for MHD.

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B. DV Terms and Protective Order

The parties, however, contend that defendant’s remaining challenges to the DV

terms and the protective order are not moot. We disagree.

The DV terms, which include the protective order, are part of defendant’s sentence

imposed pursuant to his plea agreement. When, as here, we conditionally vacate a

defendant’s plea agreement and remand for further MHD proceedings, we necessarily

must conditionally reverse the defendant’s sentence. (See People v. Qualkinbush, supra,

79 Cal.App.5th at p. 892; People v. Moine (2021) 62 Cal.App.5th 440, 452; People v.

Frahs (2020) 9 Cal.5th 618, 640-641.) Defendant’s sentence, which we now reverse,

includes the DV terms and the protective order. Our reversal of his sentence thus moots

his challenges to both. (See People v. Rojas (2015) 237 Cal.App.4th 1298, 1301-1302

[appellant’s argument that trial court made sentencing errors held moot given remand for
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resentencing].)

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This opinion should not be construed as precluding defendant from raising
challenges to the DV terms and protective order, if reimposed on remand.

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IV.

DISPOSITION

The judgment of conviction is conditionally reversed. Defendant’s plea is

conditionally vacated and his sentence conditionally reversed. The matter is remanded

for the trial court to consider whether defendant is eligible and suitable for MHD. If the

court determines MHD is appropriate, it shall so order. If that occurs, the judgment is

reversed, and defendant’s guilty plea and sentence are vacated. If defendant successfully

completes diversion, then the court shall dismiss the charges. If the trial court again

denies defendant’s motion for MHD, it shall reinstate defendant’s plea, conviction, and

sentence.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON
J.

We concur:

MILLER
Acting P. J.

RAPHAEL
J.

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