People v. Jefferson
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The Court of Appeal rejected defendant's contention that he was entitled to a remand of his case to permit the trial court to exercise its discretion regarding whether to permit him to seek mental health diversion under newly enacted section 1001.36 of the Penal Code. The court held that the trial court clearly found that defendant's alleged mental health disorder was not a significant factor in his commission of the charged offenses, and thus remand for further consideration on this question would be futile.
The court also remanded for resentencing to permit the trial court to exercise its discretion regarding whether to run the sentences on counts 1 and 2 consecutively or concurrently and to consider whether to dismiss defendant's firearm and/or prior serious felony enhancements in light of Senate Bills 620 and 1393. The court affirmed in all other respects.
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