People v. Avila CA3

I. BACKGROUND

We quote from our unpublished opinion upholding defendant’s conviction in her first appeal: “Defendant . . . stabbed her live-in boyfriend as he lay sleeping. She then turned the knife on her boyfriend’s twin brother. A jury found defendant guilty of one count of attempted murder, one count of corporal injury to a cohabitant, and one count of assault with a deadly weapon−a knife. The jury found true allegations that the attempted murder was willful, deliberate, and premediated and that defendant personally used a deadly weapon and inflicted great bodily injury under circumstances involving domestic violence. The trial court sentenced defendant to seven years to life plus eight years in state prison.” (People v. Avila (Jun. 25, 2020, C087087) [nonpub. opn.].) After defendant was convicted, section 1001.36 became effective, which created a pretrial diversion program for certain defendants with mental health disorders. (Stats. 2018, ch. 34, § 24.) Following defendant’s appeal, this court conditionally reversed the judgment and remanded for the trial court to hold a diversion eligibility hearing under section 1001.36. (Avila, supra, C087087.) In all other aspects, this…