People v. Maytorena CA5

BACKGROUND

On July 8, 2016, defendant attacked his father with a kitchen knife, lacerating a tendon in his hand. (Maytorena, supra, F077998.) On June 21, 2018, defendant was convicted by jury trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 count 1). The jury found that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and the trial court found that he had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (§ 667.5, subds. (a) & (b)). (Maytorena, supra, F077998.) On August 10, 2018, the trial court sentenced defendant to the midterm of six years (three years, doubled pursuant to the Three Strikes law), plus a consecutive three-year bodily injury enhancement. The court struck the prior prison term enhancements, awarded credits, and imposed various fines and fees. (Maytorena, supra,

F077998.)

On appeal, we conditionally reversed and remanded for the trial court to consider defendant’s eligibility for mental health diversion under section 1001.36.2 (Maytorena, supra, F077998.) Section 1001.36 authorizes a trial…