The answer to the question posed in the title to this blog entry is no. Once a judgment is final, one cannot ask the judge to resentence that person to mental health diversion. When is a sentence final? Can one seek mental health diversion while an appeal of the underlying case is pending? What if there is a violation of probation and a suspended sentence is imposed? Does such sentencing “restart” the clock for a final sentence and allow a request for mental health diversion? To read about a recent Fourth Appellate Court ruling on this issue, please click on the following link.