People v. Braden
Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals upholding the trial court's denial of Defendant's request for a pretrial diversion made for the first time after the jury returned its verdict, holding that a defendant must request a pretrial diversion under Cal. Penal Code 1001.36 before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first.
After a trial at which Defendant represented himself, a jury found Defendant guilty of resisting an executive officer with force or violence and having two prior qualifying felony convictions under the "Three Strikes" law. Before sentencing, Defendant's newly-appointed counsel moved to have Defendant considered for mental health diversion under section 1001.36. The trial court denied the motion as both untimely and moot, and the appellate court affirmed. The Supreme Court affirmed, holding that the Legislature intended to require that a defendant request pretrial mental health diversion before attachment of jeopardy at trial or the entry of a guilty or not contest plea, whichever occurs first.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.