People v. Braden

Summary

The court held that a defendant must request mental health diversion before jeopardy attaches at trial or before entering a guilty or no contest plea, whichever occurs first. It reached that conclusion by construing the statutory phrase "until adjudication" in light of the statute's use of "pretrial diversion," its speedy-trial-waiver requirement, related statutory provisions, and the broader diversion scheme. Because Braden first sought diversion after the jury returned its verdict, the court affirmed the denial of his request.