Bunas

I.

INTRODUCTION

In a prior opinion in this matter involving defendant James Evan Bunas,1 we conditionally reversed the judgment and the underlying convictions2 and remanded the matter to the trial court with directions to conduct a mental health diversion eligibility hearing under Penal Code section 1001.363 and to determine whether to place Bunas in mental health diversion. (Bunas I.) We further directed that, if the trial court determined that Bunas was ineligible for diversion or exercised its discretion not to place Bunas on diversion, then the court was to reinstate Bunas’s convictions and resentence him. We explained that, in this instance, the court was “to allow for a full resentencing,” due to the court’s “misimpression about a material fact concerning Bunas’s aggregate sentence,” in its sentencing of Bunas in the two cases before it. (Bunas I.) On remand, the trial court denied Bunas’s request for mental health diversion. The court did not resentence Bunas.

On our own motion, we take judicial notice of our prior opinion in this matter, People v. Bunas (Apr. 14, 2020, D075234) [nonpub. opn.] (Bunas I) and the record in Bunas I. (See Evid. Code, §§ 459 [“The…