People v. Collins CA5

INTRODUCTION

Defendant Joy Frances Collins was convicted by jury in October 2023 of two counts of child abuse under Penal Code section 273a, subdivision (a),1 and the jury found true an enhancement allegation on one count for causing the death of defendant’s daughter (§ 12022.95).2 Defendant was sentenced to an aggregate term of six years determinate. On appeal, she seeks remand so that the trial court may reconsider her request for pretrial diversion under the 2023 amendments to section 1001.36. We affirm. For reasons we will explain, the 2023 amendments to section 1001.36 became effective on January 1, 2023, approximately nine months before defendant’s trial began on September 26, 2023. The potential for retroactive application of the 2023 amendments was well understood during that time frame and was amply supported in the substantive law. Defendant failed to present the issue to the trial court between January 2023 and September 2023, and, as such, the claim has been forfeited.

FACTUAL BACKGROUND

On December 18, 2018, defendant and her two young children were walking to a bus stop when they encountered a passing train blocking their path. Defendant urged her children to…