People v. Mascio CA4/1

I.

INTRODUCTION

This matter returns to us after a prior appeal in which this court conditionally reversed the judgment and remanded with directions for the trial court to conduct a hearing to determine whether defendant Jason Patrick Mascio is eligible for mental health diversion under Penal Code section 1001.36,1 which was enacted while Mascio’s appeal was pending. Mascio was charged with one felony count and three misdemeanor counts related to an incident that occurred at a Riverside County convenience store.2 A jury convicted Mascio of carrying a concealed dirk or dagger and willfully and unlawfully resisting arrest. The jury also found true that appellant had suffered three prior felony convictions resulting in imprisonment (§ 667.5, subd. (b)), and a prior strike conviction (§ 667, subds. (d)–(i)). The trial court sentenced appellant to a six-year prison term, composed of a four-year term on count 1, and one year each for two of Mascio’s prior felony prison convictions. While Mascio’s case was pending on appeal, section 1001.36 was enacted, creating a new pretrial diversion program for certain defendants who suffer from a qualifying mental disorder. (See § 1001.36, subds.…