People v. Giro CA3
C100748
Cal. Ct. App.Jun 4, 2025Background
- Kyle Austin Giro was charged with assault with a deadly weapon after intentionally ramming his car into another vehicle while experiencing a suicidal episode and command hallucinations.
- Giro had a documented history of serious mental health issues, including diagnoses of autism spectrum disorder, bipolar disorder, psychotic features, and repeated hospitalizations for psychosis and suicidal ideation.
- Giro moved for pretrial mental health diversion under Penal Code § 1001.36, with expert evaluations supporting his eligibility and asserting that his mental illness was a significant factor in the crime.
- The prosecution conceded Giro met most statutory diversion criteria but argued he posed an unreasonable risk to public safety due to the severity of his conduct.
- The trial court denied pretrial mental health diversion, finding the risk to public safety remained unacceptably high, and instead accepted a plea for probation with post-plea mental health court participation.
- Giro appealed, challenging only the denial of pretrial diversion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Giro pose an unreasonable risk of committing a | Giro satisfied most diversion factors but his conduct created a serious | Giro argued expert opinions and his treatment potential | Sufficient evidence supported the trial court's |
| 'super strike' offense, making him ineligible for | risk of harm and thus diversion should be denied. | showed low recidivism risk if diverted and treated. | finding that diversion would pose an unreasonable |
| pretrial diversion? | risk of danger to public safety. |
Key Cases Cited
- People v. Clair, 2 Cal.4th 629 (Cal. 1992) (holds that reasonable disagreement over application of discretion does not amount to abuse of discretion)
- People v. Thomas, 2 Cal.4th 489 (Cal. 1992) (establishes that sufficiency of the evidence must be decided on the facts of each individual case)
- People v. Mumin, 15 Cal.5th 176 (Cal. 2023) (clarifies the elements for attempted murder and murder, including intent and conscious disregard for life)