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.”
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