P. v. Rushing CA3
Following the trial court’s denial of his motion for mental health diversion under Penal Code section 1001.36, defendant Edward Richard Rushing III pled no contest to second degree burglary and admitted a prior strike. The court sentenced defendant to four years in state prison. On appeal, defendant contends the trial court abused its discretion in denying him mental health diversion. He argues the prosecution failed to present clear an
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