Is a defendant entitled to mental health diversion because his defense counsel failed to assist him?
California, United States of America
The following excerpt is from People v. Owney, F079799 (Cal. App. 2021):
Defendant contends that he should have been considered for mental health diversion. Because defense counsel did not assist him to that end, defendant argues that (1) the trial court erred in failing to grant his request for new counsel pursuant to People v. Marsden (1970) 2 Cal.2d 118, and (2) his defense counsel provided ineffective
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