PEOPLE v. BRADEN (2021)

The petition for review is granted.

The issue to be briefed and argued is limited to the following: What is the latest point at which a defendant's request for mental health diversion is timely under Penal Code section 1001.36?

Pending review, the opinion of the Court of Appeal, which is currently published at 63 Cal.App.5th 330, 277 Cal.Rptr.3d 563, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Cuéllar, Kruger, Groban and Jenkins, JJ.