People v. Avila CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Present Case

The operative information in this case charged defendant with four counts of felony battery by a confined person on a nonconfined person in violation of section 4501.5, and one count of felony attempted battery by a confined person on a nonconfined person in violation of sections 664 and 4501.5. The information also alleged defendant had a prior strike conviction under section 667, subdivisions (b) through (i), and section 1192.7, subdivision (c). The alleged prior strike conviction was for attempted murder under sections 664 and 187, subdivision (a). At a January 2024, hearing, the trial court set a jury trial date of May 13, 2024. The trial court later continued the trial date to September 2024. Defendant, who was acting in pro per, made an oral motion to initiate mental health diversion. The trial court told defendant, “I would require a prima faci[e] showing and I will consider that so you can go ahead and make a written motion since you are counsel in pro per.” In March 2024, the trial court appointed defendant standby and advisory counsel. At a September 6, 2024, trial readiness conference, defendant appeared remotely.…