Qualkinbush

I.

INTRODUCTION

Cristina Romero Qualkinbush threw a pair of scissors at her 75-year- old mother and then spat on a police officer who detained her following the incident. After the trial court denied Qualkinbush’s motion for mental health

diversion under Penal Code 1 section 1001.36, she pled guilty to elder abuse (§ 368, subd. (b)(1)) and misdemeanor battery on a peace officer (§ 243, subd. (b)). The trial court placed her on formal probation for three years, subject to certain conditions, including residential mental health treatment. Qualkinbush appeals, claiming that the trial court erred in denying her motion for mental health diversion. She also contends, and the People concede, that we should order (1) amendment of the probation order to vacate certain fees or costs pursuant to Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (AB 1869), which added, amended or repealed various statutes related to fees imposed by the courts on convicted defendants, and (2) correction of the probation search condition to accurately reflect the trial court’s oral pronouncement, i.e., to delete authorization of searches of computers and recordable media. We requested that the parties submit…