Sapienza

*61 On August 31, 2015, pursuant to a plea agreement, defendant and appellant, Jeffrey Edward Sapienza, born in October 1964, pled guilty to criminal threats. ( Pen. Code, § 422 ; count 2.) 1 The court imposed the upper term of three years of imprisonment, but suspended execution of sentence and placed defendant on three years of formal probation. On January 5, 2018, the court found defendant in violation of his *596 probation. On March 23, 2018, the court imposed the three-year suspended sentence and awarded defendant 903 days of custody credits.

On appeal, defendant contends the matter should be conditionally reversed and remanded to the trial court to determine, retroactively, whether defendant qualifies for a pretrial diversion program for individuals diagnosed with qualifying mental disorders pursuant to recently enacted section 1001.36. The People respond that defendant's appeal must be dismissed because the issue raised is outside the scope of his notice of appeal; that section 1001.36 is not retroactive; that even if retroactive, defendant's judgment was already final and, thus, inapplicable; that retroactive application of a pretrial diversion program would effectively…