SAN JOSE, Calif. — In Santa Clara County Superior Court on Tuesday, Deputy District Attorney Jarisse Moore opposed granting probation to a man who proposed entering a mental health treatment program as part of his release plan.
Deputy Public Defender Benjamin Stewart said the man was eligible for probation after serving time in custody for a modifiable two-year sentence. Stewart also asked the court to grant a Romero motion, which would strike the man’s prior convictions and eliminate sentence enhancements.
Stewart told the court his client had agreed to attend a mental health treatment program if released and emphasized that the current offense was less serious than the man’s past convictions.
Although Moore did not oppose the Romero motion, she objected to the man’s release, citing “unsatisfactory conduct” noted in the police investigation. She argued that his circumstances—including unstable housing, unemployment, and a history of substance use—posed concerns. “I don’t think his desire to reside in his recreational vehicle is satisfactory,” Moore said.
Judge Benjamin Williams clarified that the mental health program included structured housing. He also noted the current offense was neither violent nor serious, did not suggest the man posed a danger to society, and was mitigated by his “serious mental conditions.”
Williams granted the Romero motion, struck the prior convictions, and waived fines and fees due to the man’s six-year unemployment. He ordered two years of probation, fully modifiable by the mental health court.
The man is scheduled to return to court on July 9, 2025, for release and a mental health assessment.
