Yes is the answer to the question posed in the title to this blog post, however, a savvy attorney or defendant will be smart to acknowledge to the judge that he or she understands mental health diversion is intended as a pre-trial diversion program, not a post-conviction remedy is one loses at trial, but requests such diversion when the sentence is unexpectedly long, but before judgment is final. To read a summary of a reported decision that addresses this issue, please click on the following link.
https://www.greghillassociates.com/if-judgement-isnt-final-is-mental-health-diversion-ok.html