People v. Frahs
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The Supreme Court affirmed the judgment of the court of appeal conditionally reversing Defendant's convictions and sentence with instructions for the trial court to consider Defendant's eligibility for diversion under Cal. Penal Code 1001.36, holding that the court of appeal did not err when it remanded this case for a diversion eligibility hearing.
Defendant was found guilty of two counts of second degree robbery and of throwing a substance at a motor vehicle without intent to cause injury. While Defendant's appeal was pending, the Legislature enacted sections 1001.35 and 100.36, which created a pretrial diversion program for certain defendants with mental health disorders. The court of appeal conditionally reversed Defendant's conviction and sentence, concluding that section 1001.36 applies retroactively to all nonfinal judgments and that Defendant was entitled to a limited remand because he appeared to satisfy at least one of the statute's threshold eligibility requirements. The Supreme Court affirmed, holding (1) section 1001.36 applies retroactively; and (2) a conditional limited remand was appropriate in this case.
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