People v. Barnes CA4/2

I.

INTRODUCTION

Defendant and appellant Anthony Tyrone Barnes was sentenced to 32 years for

convictions stemming from a domestic violence incident. He contends the trial court

erroneously denied his request for mental health diversion and that his sentence must be

vacated and the matter remanded for resentencing.

In our previous opinion, we rejected defendant’s contentions and affirmed the

judgment, as corrected. Our Supreme Court granted review of that opinion and held the

matter for consideration pending its decision in People v. Lynch (2024) 16 Cal.5th 730

(Lynch). After Lynch was decided, the court vacated our prior opinion and remanded the

matter to this court “with directions to vacate its decision and reconsider the cause in

light of” Lynch.

We have done so after receiving supplemental briefs from the parties limited to

Lynch and its effect on defendant’s sentencing arguments. We affirm the judgment of

conviction, vacate defendant’s sentence, and remand for resentencing.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and the victim, B.L., began dating in November 2016, and defendant

moved into B.L.’s apartment shortly afterward. They broke up in September…