Braden

Opinion of the Court by Corrigan, J.

Penal Code1 section 1001.36 authorizes pretrial diversion for defendants with qualifying mental disorders. Here we consider the latest point in the criminal proceedings at which a defendant may request such diversion. We conclude that, in keeping with the statutory language and overall scheme, the request must be made before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. Accordingly, we affirm the judgment of the Court of Appeal, which upheld the trial court’s denial of defendant’s request for diversion made for the first time after the jury returned its verdict.

I. BACKGROUND

On April 25, 2018, defendant Cory Juan Braden, Jr., then 38 years old, had a confrontation with his sister. When their mother intervened, Braden kicked her in the groin and choked her, prompting his sister to call 911. A uniformed sheriff’s deputy responded. He had been told by dispatch that Braden was schizophrenic with a history of violence. The deputy identified himself to Braden and asked him to submit to a pat- down search to ensure everyone’s safety. Braden initially complied, but then turned and punched the…