Does the court err in failing to consider posttraumatic stress disorder as a factor in determining whether to grant a conditional discharge?

California, United States of America


The following excerpt is from People v. Dunham, D068100 (Cal. App. 2018):

Dunham also argues the court abused its discretion in failing to consider section 1170.9, relating to members of the military who committed their offenses as a result of certain traumatic incidents stemming from their military service. The court did not err because Dunham was not "otherwise eligible for probation" for the court to be required to consider his alleged posttraumatic stress disorder. ( 1170.9, subd. (b)(1), (2); People v. Ferguson (2011) 194 Cal.App.4th 1070, 1093 ["Alternative sentencing under section 1170.9 is not triggered unless the court actually decides to grant probation."].) The court did not abuse its discretion.10

VII. Ineffective Counsel

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