P. v. Whitmill
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Defendant, an honorably discharged veteran who suffers from a severe mental disorder, was arrested for firearms offenses. In turn, he sought admission to a mental health diversion program under Penal Code section 1001.36. The trial court denied Defendant's request finding that he posed an unreasonable danger, and Defendant appealed.
On appeal, the Second Appellate District reversed the trial court's denial of Defendant's request for mental health diversion, finding that there was no evidence "he is too dangerous to be treated in the community because he would commit a new violent super strike." The trial court's analysis looked at Defendant's likelihood of committing a crime, not a super strike, which are limited to murder, attempted murder, solicitation to commit murder, assault with a machine gun on a police officer, possession of a weapon of mass destruction, any serious or violent felony punishable by death or life imprisonment, or any sexually violent offenses or sexual offense committed against minors under the age of 14.
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