Frahs

*485 Defendant Eric Jason Frahs tried to steal a can of beer and an energy drink from a small store. As he was leaving, Frahs got into a physical confrontation with the store owner and his son. At a jury trial on two robbery charges, Frahs put on evidence that he suffers from a form of schizophrenia. The jury found defendant guilty. In a subsequent bench trial, the court found that Frahs had suffered a prior "strike" conviction (an assault with a deadly weapon) and imposed a nine-year prison sentence.

While Frahs' case was pending on appeal in this court, the Legislature enacted Penal Code section 1001.36, which created a pretrial diversion program for defendants with mental disorders. 1 Frahs argues that the mental health diversion program should apply retroactively. We agree and conditionally reverse Frahs' convictions and sentence. On remand, the trial court may consider granting Frahs mental health diversion as we will discuss more fully in this opinion. However, we reject Frahs' remaining claim that his prior assault conviction does not qualify as a strike.

I

FACTS AND PROCEDURAL BACKGROUND

On March 31, 2016, at about 8:00 a.m., Frahs entered a small market in Santa Ana.…