No is the answer to the rhetorical question posed in the title of this blog post. Once a person is convicted, even if the conviction in on appeal, a convicted person cannot then seek resentencing under Penal Code § 1001.36, the Fifth Appellate District Court of Appeal recently held in an indecent exposure case following a conviction. The court of appeal decision emphasized that such a program is intended as an early disposition option and not meant to be used as a second alternative if a jury disagrees on the merits of a defense. To read more about the case that led to this ruling, please click on the following link.
https://www.greghillassociates.com/can-mental-health-diversion-be-sought-after-sentencing.html
