People v. Frahs
238 Cal. Rptr. 3d 483
| Cal. Ct. App. 5th | 2018Background
- In 2016 Eric Jason Frahs took a beer and energy drink from a market, engaged in a physical struggle with the owner and son, and was detained; he was later charged with two counts of second-degree robbery and related offenses.
- Frahs presented evidence at trial of long‑standing schizoaffective disorder and multiple hospitalizations; a psychologist testified his illness was severe and responsive to treatment.
- A jury convicted Frahs of two robbery felonies and a lesser included misdemeanor; at a subsequent bench trial the court found a 2015 assault-with-a-deadly-weapon conviction (broken beer bottle) to be a prior "strike."
- The court imposed a nine‑year prison term, doubling the low term because of the strike.
- While Frahs’ appeal was pending, the Legislature enacted Penal Code §1001.36 (mental health diversion). Frahs argued the statute should apply retroactively and that his 2015 conviction was not a strike.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1001.36 (mental‑health pretrial diversion) applies retroactively to cases not yet final on appeal | Frahs: the statute is ameliorative and should apply to cases not final, so he should get an eligibility hearing | Attorney General: the statute’s definition of "pretrial" (until adjudication) shows Legislature did not intend broad retroactivity | Court: §1001.36 is an ameliorative benefit and applies retroactively to non‑final cases; conditional reversal and remand for diversion eligibility hearing |
| Whether Frahs’ 2015 assault (broken beer bottle) qualifies as a "strike" under §1192.7(c)(31) | Frahs: a broken beer bottle is not an "inherently" deadly weapon and thus should not qualify as a strike | Prosecution: conviction and plea admit assault with a deadly weapon; case law defines deadly weapon by use and capability, not "inherent" nature | Court: affirmed strike finding—substantial evidence and established definition of deadly weapon apply; plea admitted elements |
Key Cases Cited
- In re Estrada, 63 Cal.2d 740 (Cal. 1965) (ameliorative criminal statutes presumed retroactive)
- People v. Superior Court (Lara), 4 Cal.5th 299 (Cal. 2018) (ameliorative juvenile‑transfer change applies retroactively to nonfinal judgments)
- People v. Vela, 21 Cal.App.5th 1099 (Cal. Ct. App. 2018) (remand procedure for retroactive application of procedural changes)
- People v. Aguilar, 16 Cal.4th 1023 (Cal. 1997) (definition of "deadly weapon" as object used in manner capable of producing death or great bodily injury)
- People v. Delgado, 43 Cal.4th 1059 (Cal. 2008) (proof required to sustain prior §245(a)(1) strike finding)
- People v. Puerto, 248 Cal.App.4th 325 (Cal. Ct. App. 2016) (post‑2011 §245(a)(1) convictions necessarily constituted serious felonies under §1192.7(c)(31))