In what circumstances will section 1001.36 of the Criminal Code apply to appellant?

California, United States of America


The following excerpt is from People v. Klein, F077903 (Cal. App. 2020):

In our prior opinion, we had held that section 1001.36 did not apply to appellant. We determined that he had been competent to stand trial, the record did not contain evidence of a diagnosed mental disorder, and section 1001.36 was effective after he had been adjudicated guilty. Further, we noted that appellant had pled to the offense and admitted enhancements pursuant to a plea agreement. Finally, we concluded that appellant had not sought or obtained a certificate of probable cause. As such, we had affirmed appellant's judgment. (People v. Klein, supra, F077903.)

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