California v. Burns
Annotate this CaseDerrick Burns struck his girlfriend and led law enforcement on a high-speed chase. A jury convicted him of false imprisonment, evading a police vehicle, infliction of corporal injury on a spouse or cohabitant, and two counts of assault with a deadly weapon; Burns admitted two prior strikes. After dismissing one of the strikes, the trial court sentenced Burns to a total term of 19 years, eight months in state prison. Burns appealed his convictions on counts 2 and 3 (evading a police officer and inflicting corporal injury) on the basis that his counsel conceded guilt during opening and closing statements without his express consent. Consistent with its recent decision in California v. Marsh, 37 Cal.App.5th 474 (2019), the Court of Appeal rejected this claim as contrary to controlling precedent. However, the Court accepted Burns's remaining claim that the case should have been conditionally reversed for the trial court to consider his eligibility for mental health diversion pursuant to newly enacted Penal Code section 1001.36. Judgment was conditionally reversed with directions for further proceedings under section 1001.36.
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