People v. Brown
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The case revolves around Gregory Terence Brown, who was charged with aggravated mayhem and assault with a deadly weapon. Initially declared incompetent due to a diagnosed mental disorder, Brown was later considered competent for trial. He requested pretrial mental health diversion under Penal Code section 1001.36, which was denied. Brown was subsequently convicted and sentenced.
Brown appealed, arguing that the denial of his motion for mental health diversion was incorrect, and that amendments to section 1001.36 (effective after his conviction but before sentencing) should be applied retroactively, warranting reconsideration of his motion. The People argued that Brown waived his right to invoke the retroactivity of the amendments by failing to request reconsideration prior to sentencing.
The Court of Appeal, Fourth Appellate District Division One, found that the trial court did not err in denying Brown's motion in 2022, but concluded that the amendments to section 1001.36 were retroactive. The court also determined that under the circumstances, Brown did not forfeit his right to invoke the retroactivity of the amendments by failing to request reconsideration. Accordingly, the court of appeal conditionally reversed the judgment and remanded the matter to the trial court for further consideration under the amended statute.
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