Weaver

*1107 A jury convicted appellant Christopher Weaver of making criminal threats and exhibiting a deadly weapon. The trial court sentenced Weaver to four years in prison. On appeal, Weaver claims that the trial court erred by failing to hold a hearing on a Marsden 1 motion and by admitting evidence of a prior uncharged battery under Evidence Code section 1101, subdivision (b). In supplemental briefing, Weaver contends that recently enacted Penal Code section 1001.36, allowing for pretrial mental health diversion, retroactively applies to him, and that his case should be remanded to the trial court for a hearing on his diversion eligibility.

*225 For the reasons explained below, we conditionally reverse the judgment and remand the matter to the trial court for a hearing under Penal Code section 1001.36 to determine whether to grant Weaver mental health diversion. We reject Weaver's remaining claims.

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background

In April 2017, the Santa Cruz County District Attorney filed an information charging Weaver with two counts of making criminal threats ( Pen. Code, § 422 ; counts 1 & 2), 2 and misdemeanor exhibition of a deadly weapon *1108…