Is the Sex Offense Exception to Mental Health Diversion OK?

In a Fourth Appellate District ruling that seems to agree that Penal Code § 1001.36, as originally codified, could apply to registered sex offenders, at least in an academic sense, People v. Rennard Cawkwell is an interesting case for a very narrow class of cases active before the legislative amendments to 1001.36 excluded sex offenses from its provisions.  The facts are repulsive, but his arguments about retroactive applicability are clever, although ultimately rejected by the court of appeal.  To read about his case, click on the following link – https://www.greghillassociates.com/is-the-sex-offense-exception-to-mental-health-diversion-ok.html

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