Does Section 1001.36 of the California Mental Health Act apply to a defendant's mental health?

California, United States of America


The following excerpt is from People v. Lopez, C087269 (Cal. App. 2019):

2. Section 1001.36 became effective after defendant was sentenced on May 31, 2018, but before he was resentenced on August 3, 2018. (Stats. 2018, ch. 34, 24, 37.) The parties do not discuss the forfeiture rule, which we would decline to apply in any event. Although the trial court focused on defendant's mental health at the original sentencing hearing, before section 1001.36's effective date, neither the parties nor the court mentioned section 1001.36 at the resentencing hearing, after the new statute's hearing date. We infer from the absence of any reference to section 1001.36 that neither counsel nor the trial court was aware of the new statute at the time. Courts generally decline to apply the forfeiture rule to a right derived from recent, unanticipated changes in the law. (See People v. Edwards (2013) 57 Cal.4th 658, 705.)

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