People v. Bruce CA2/5

I. INTRODUCTION

After a jury found Roger Bruce (defendant) guilty of assault with a deadly weapon, defendant’s trial counsel moved for mental health diversion. The trial court denied the motion on the sole ground that it was untimely. On appeal, defendant concedes the motion’s untimeliness and asserts his counsel was ineffective for failing to act sooner. We agree and will conditionally reverse the judgment and remand this matter for the court to consider the merits of defendant’s motion for mental health diversion. We also direct the court to award defendant 1,398 days in conduct credit.

II. FACTS AND PROCEDURAL BACKGROUND

A. Charges and Conviction

On December 30, 2019, the Los Angeles County District Attorney (District Attorney) filed an information charging defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).1 The District Attorney further alleged that defendant had two prior convictions for robbery (in 2003) and assault with a deadly weapon (in 2010) within the meaning of the Three Strikes Law. (§§ 667, subds. (b)–(i) and 1170.12, subds. (a)–(d).) On November 4, 2020, a jury found defendant guilty of assault with a deadly weapon and the…