People v. Moine
| Docket Number | B303013 |
| Decision Date | 24 March 2021 |
After a jury convicted defendant of two counts of making criminal threats in violation of Penal Code section 422, subdivision (a), the trial court suspended imposition of sentence and placed him on probation for five years. On appeal, defendant argues that his conviction must be reversed, claiming the denial of mental health diversion and the wholesale exclusion of the psychiatrist's testimony was erroneous and prejudicial
In the published portion of this opinion, the Court of Appeal held...
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80 cases
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Sarmiento v. Super. Ct. of San Diego Cnty.
...specifically enumerated in the statute.4 (Williams, supra, 63 Cal.App.5th at p. 1001, 278 Cal.Rptr.3d 332; People v. Moine (2021) 62.Cal.App.5th 440, 450, 276 Cal. Rptr.8d 668 (Moine) ["risk of danger is narrowly confined to the likelihood the defendant will commit a limited subset of viole......
- People v. Southard
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People v. Rodriguez
... ... pretrial diversion program for people with qualifying mental ... disorders. (§§ 1001.35, 1001.36, added by Stats ... 2018, ch. 34, § 24; People v. Frahs (2020) 9 ... Cal.5th 618, 626 ( Frahs ); People v. Moine ... (2021) 62 Cal.App.5th 440, 447 ( Moine ).) The ... provisions of section 1001.36 are fully retroactive to cases ... not yet final on appeal. ( Frahs, supra , 9 Cal.5th at ... pp. 624, 630.) ... Section ... 1001.36 states that a trial court may grant ... ...
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People v. Gerson
...abuse of discretion the trial court's decision whether to grant a request for mental health diversion. ( People v. Moine (2021) 62 Cal.App.5th 440, 448, 276 Cal.Rptr.3d 668 ( Moine ).) "A court abuses its discretion when it makes an arbitrary or capricious decision by applying the wrong leg......
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