We think my brother has a mental illness since before this last conviction which resulted in 9 yr sentence.can we appeal

The judge and his lawyer would have had to miss a mental illness going through the trial that led to conviction. Ability to assist counsel in his defense was your brother's right during the trial. Does your brother agree that his mental capacity might be subject to some impairment? I say that because without his cooperation this whole question you pose is a non-starter.

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There may be two issues in your question: First, is your brother's conviction legal in light of his mental condition; and second can he receive mental health treatment while in custody. As to whether the conviction was proper, if you have not already, discuss your concerns with his attorney and inquire whether filing a Notice of Appeal would be worthwhile. in California, a defendant or his attorney has 60 days after judgment to file a Notice of Appeal.

As to the second issue, there are mental health services available in prisons. A search of California Department of Corrections and Rehabilitations website (www.cdcr.ca.gov) will provide you with information regarding CDCR's internal procedure if an inmate requests mental health treatment. However, before you make any requests for services on behalf of your brother, you should investigate with your brother and other inmates' family members what is likely to happen at the institution in which your brother is housed if you make such a request.