People v. Gomez CA4/2

BACKGROUND

In June 2021, the People filed a complaint charging Gomez with one count of

assault with a deadly weapon and one count of resisting arrest. (§§ 245, subd. (a)(1),

148, subd. (a)(1).) The complaint also alleged that in 2010 Gomez was convicted of

willful child abuse or endangerment, which qualified as both a prior strike and a prior

serious felony. (§§ 273a, subd. (a), 667, subds. (a)(1), (b)-(i), 1170.12, subds. (a)-(d).)

Before the arraignment, the trial court declared a doubt as to Gomez’s competence and

appointed three psychologists to evaluate him. Two of the psychologists opined that

Gomez was competent to stand trial, and the third, Dr. Herberth Valle, opined that he was

The Legislature recently amended section 1001.36, and the amendments went into effect on January 1, 2023, after the court denied Gomez’s diversion request but before he pled guilty. (Stats. 2022, ch. 735, § 1, eff. Jan. 1, 2023 to Dec. 31, 2023.) Our references to “former” section 1001.36 refer to the version of the statute that was in effect when the court ruled on Gomez’s request. (Former 1001.36, Stats. 2022, ch. 47, § 38, eff. June 30, 2022 to Dec. 31, 2022.) 2 not. The trial…