Court applied wrong standard in denying Veteran mental health diversion
THE PEOPLE, Plaintiff and Respondent, v. THOMAS WHITMILL, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. B318582) 2022 WL 17883593
Summary: Sixty-one-year-old Whitmill appealed the denial of his pretrial motion for mental health diversion of his criminal prosecution. He argued that because he is an honorably discharged veteran who suffers from a severe mental disorder, he meets the eligibility requirements for pretrial mental health diversion under Penal Code section 1001.36.
The Court of Appeal ruled that the trial court erred when it denied Whitmill’s motion and remanded to the trial court with instructions to grant the motion for diversion.