California v. Frahs
Annotate this CaseDefendant Eric Frahs tried to steal a can of beer and an energy drink from a small store. As he was leaving, Frahs got into a physical confrontation with the store owner and his son. At a jury trial on two robbery charges, Frahs put on evidence that he suffered from a form of schizophrenia. The jury found defendant guilty. In a subsequent bench trial, the court found that Frahs had suffered a prior “strike” conviction (an assault with a deadly weapon) and imposed a nine-year prison sentence. While Frahs’ appeal was pending, the California Legislature enacted Penal Code section 1001.36, which created a pretrial diversion program for defendants with mental disorders. Frahs argued that the mental health diversion program applied retroactively. The Court of Appeal agreed and conditionally reversed Frahs’ convictions and sentence. On remand, the trial court may consider granting Frahs mental health diversion. The Court rejected Frahs’ remaining claim that his prior assault conviction did not qualify as a strike.
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