Jun. 14, 2022 – People v. Watts (2nd Dist., Div. 8, B312913)

The Court of Appeal holds that the trial court erred when it required the prosecution’s consent for mental health diversion under PC 1001.36; however, the error was harmless because the trial court independently concluded defendant was not eligible for diversion. The court also holds that defendant did not have a due process right to present live expert testimony at the diversion hearing where the expert submitted a written report.