"Sarmiento was raised by her mother and stepfather. Between the ages of five and eight, along with a group of other children, she was sexually abused by her 30-year-old stepbrother on a repeated basis. Sarmiento did not report the abuse to anyone until she was an adult.
Sarmiento’s stepfather, who she was close to, died of a heart attack when she was 13. She was hospitalized and saw a psychologist after she threatened to commit suicide by jumping off a bridge. At about the same time, she began using methamphetamine, later selling it with her brother Oscar. A few years later, while still in high school, she was gang raped at a party.
In 2013, after being arrested for selling drugs, Sarmiento completed a 120-day residential substance abuse treatment program. She maintained her sobriety for nearly six years, but relapsed in 2019 as a result of an unhealthy romantic relationship with a meth addict who used in her presence and encouraged her to join him. This led to four hospitalizations in that year and two robbery convictions in 2020. While incarcerated she completed additional courses on substance abuse, but received no treatment for her primary mental health diagnoses. She appeared to relapse again shortly before the attempted robbery charge in this case.
Sarmiento’s parole agent supervised her before her latest arrest, and was surprised that it occurred. She characterized Sarmiento as a “ ‘model parolee’ ” who followed the rules and maintained contact as required. She noted, however, that “drug use exacerbates [Sarmiento’s] mental health issues.”
My strong sense is that Ms. Sarimento -- who lives here in San Diego -- needs some help.
Here's how she came to the attention of the police:
"In this case, defendant Jeanette Sarmiento requested mental health diversion (Pen. Code, § 1001.361) after she was charged with attempted robbery arising from an incident in which she handed a liquor store clerk a note written in lipstick on a napkin saying, “Let me get the money.” The store employees did not give her any money. Instead, they called 911. According to one of the employees, “[I]t looked like she wanted us to call the police.”
Seems fairly strongly to me like an appropriate case for pretrial mental health diversion.
The trial court -- Judge Moring -- didn't think so. The Court of Appeal reverses.
Hopefully Ms. Sarmiento can get her act together this time.
(Maybe also stay away from meth addicts in the meantime.)
