Is Penal Code § 1001.36 (Mental Disorder Diversion) Retroactive?

The answer to the rhetorical question posed in the title to this post is yes. In California v. Eric Frahs, the Fourth Appellate District answered this question in Mr. Frah’s appeal out of an underlying case in Santa Ana Superior Court, wherein he was sentenced to nine years in state prison well before Mental Disorder Diversion became effective in late June, 2018. To read more about the Frahs decision and why the appellate court ruled this way, click on the following link.

Superlawyers 2018 Selectee


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s