P. v. Frahs CA4/3
Defendant Eric Jason Frahs has a history of mental illness and a lengthy criminal record. In 2015, Frahs was convicted of an assault with a deadly weapon. According to a probation report, Frahs “engaged in a physical altercation, during which time the defendant cut the victim’s face with a broken beer bottle.”
Most recently, Frahs was convicted of two Estes robbery counts. (See People v. Estes (1983) 147 Cal.App.3d 23.) While attempting to steal beverages from a store, Frahs engaged in a physical altercation with two store workers; one of them “was hit in the head and fell down.” (People v. Frahs (2018) 27 Cal.App.5th 784, 787 (Frahs I), affirmed and remanded by People v. Frahs (2020) 9 Cal.5th 618 (Frahs II).)
On remand, Frahs requested retroactive mental health diversion. (See Pen. Code, § 1001.36, subd. (b)(1)(F).) The trial court judge denied Frahs’ request because, “I do believe that he is unreasonably dangerous to the public.”
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