Dec. 23, 2022 – People v. Whitmill (2nd Dist., Div. 8, B318582)

The Court of Appeal reverses the denial of appellant’s pretrial motion for mental health diversion under PC 1001.36, finding: (1) the trial court imposed incorrect standards in denying diversion; and (2) there was no substantial evidence that appellant was too dangerous to be treated in the community because he would commit a new violent super strike. The court remands with directions to refer defendant to mental health diversion, “to avoid the unnecessary delay occasioned by yet another hearing.”