P. v. Watts
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Defendant was charged with attempted carjacking. He requested and was denied, mental health diversion several times. After the last hearing and denial, Defendant pleaded guilty and was sentenced to 18 months in state prison. On appeal, Defendant contended that the trial court erred by requiring the consent of the prosecution before granting diversion. Defendant also contended that his due process rights were violated when the trial court refused to allow live testimony in the last diversion hearing by a psychiatrist that had examined Defendant.
The Second Appellate District agreed with Defendant that it was an error for the trial court to conclude that diversion required consent by the People. But found that the error was harmless because the trial court independently found that Defendant did not meet the criteria for diversion. And, the court acted within its discretion in considering the expert’s report, but not live testimony, in the pre-trial diversion hearing.
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