People v. Weaver
Annotate this CaseConvicted of making criminal threats and exhibiting a deadly weapon, Weaver was sentenced to four years in prison. Weaver claimed that the trial court erred by failing to hold a hearing on a Marsden motion to discharge and substitute appointed counsel and by admitting evidence of a prior uncharged battery. Weaver argued that recently enacted Penal Code section 1001.36, allowing for pretrial mental health diversion, retroactively applied and that his case should be remanded for a hearing on his diversion eligibility. The court of appeal conditionally reversed and remanded for a hearing under Penal Code section 1001.36 to determine whether to grant Weaver mental health diversion. The Legislature did not “clearly signal[] its intent” that section 1001.36 should not apply to individuals who, like Weaver, were convicted and sentenced before the statute’s effective date but whose cases were not yet final on appeal. If Weaver performs satisfactorily in diversion, the trial court shall dismiss the charges. If the trial court does not grant diversion, or if it grants diversion but Weaver does not satisfactorily complete diversion then the trial court shall reinstate the judgment. The court rejected Weaver’s other claims.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.