Tomorrow morning, the Supreme Court will file its opinion in People v. Frahs, which was argued in April.  (Briefs here; oral argument video here.)  Frahs will be the first opinion in a case argued remotely because of the COVID-19 pandemic.  It’s also the first opinion in a case in the court’s summer pipeline.

In Frahs, the court limited the issues to:  (1) Does Penal Code section 1001.36 apply retroactively to all cases in which the judgment is not yet final?  (2) Did the Court of Appeal err by remanding for a determination of defendant’s eligibility under Penal Code section 1001.36?  Section 1001.36 allows pretrial diversion for certain mentally disordered defendants.  The court granted review on its own motion — and with a pro tem justice casting a deciding vote — in December 2018.

The opinion can be viewed tomorrow starting at 10:00 a.m.