Fuller

BACKGROUND

This appeal arises from the armed robbery of a nail salon followed by a high-speed

pursuit of the perpetrators after they fled the scene. Victims identified Aaron Murl

Moses, Jr., Eric Lavell Fuller, Jr., and Destinee Sharniele Tresvant as three of the

perpetrators. A jury convicted Moses and Fuller of numerous offenses arising from the

incident and found related firearm enhancements true. Tresvant pleaded guilty after the

2 trial court found her competent to stand trial and found that she was ineligible for pretrial

mental health diversion.

On appeal, Tresvant argues that the trial court erred by directing a verdict against

her in a competency proceeding and by failing thereafter to conclude that she did not

make a prima facie showing for pretrial mental health diversion under section 1001.36.

Fuller and Tresvant argue that the trial court abused its discretion by failing to consider

imposing uncharged lesser included firearm enhancements under section 12022.5,

subdivision (a) (section 12022.5(a)) instead of imposing the charged enhancements under

section 12022.53, subdivision (b) (section 12022.53(b)), and Tresvant argues that the trial

court abused…