Health Care & Hospital Law,
Criminal
Apr. 18, 2022
AB 124, Banner decision, and their implications on mental health diversion
Due to AB 124 and other recently passed laws, it is more imperative than ever for lawyers and judges to be aware and informed about every criminal defendant with known mental health issues.
Mr. Banner, who suffered from mental illness, stood earlier before the lower court convicted of two counts of attempted robbery with a toy gun. That court sentenced Mr. Banner to the middle term of the applicable triad doubled, plus an additional five years on account of his prior serious felony. But before the lower court pronounced its judgment, it reviewed “several hundred pages” of “mental health records” offered in mitigation and indicated its belief that Banner...
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