The Court of Appeal agreed with appellant’s argument that the trial court abused its discretion in denying appellant’s application for pretrial mental health diversion under Penal Code section 1001.36. The lower court’s finding that appellant’s mental health disorder was not a significant factor in the commission of the underlying offenses was not supported by substantial evidence. The People had not offered any evidence that would support a finding that appellant’s mental health disorder was not a contributing factor to the underlying offenses. The judgment was conditionally reversed and remanded for a new diversion eligibility hearing.