P. v. Morgan CA2/5
Following his altercation with an Uber driver, a jury found defendant William Morgan guilty of robbery. On appeal, defendant contends his conviction should be reversed to afford him a hearing under recently enacted Penal Code section 1001.36, which provides criminal defendants suffering from specified mental disorders an opportunity to enter a mental health diversion program in lieu of trial. Defendant further contends that the trial court erred by denying his Batson/Wheeler motion, abused its discretion by unreasonably limiting his trial counsel’s voir dire of the initial 25 jurors to 15 minutes, and erred by failing to instruct the jury sua sponte on the lesser included offense of assault.
We hold that section 1001.36 applies retroactively to defendant’s case and entitles him to a hearing to determine his eligibility for a mental health diversion program.
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