P.

BACKGROUND

Lim threatened to kill his ex-girlfriend. Lim killed his ex-girlfriend's grandfather

and attempted to kill her mother. Lim sent letters to his ex-girlfriend's new boyfriend

threatening to have them both tortured and killed.

SECTION 1170.

Section 1170.9 provides: "(a) In the case of any person convicted of a criminal

offense who could otherwise be sentenced to county jail or state prison and who alleges

that he or she committed the offense as a result of sexual trauma, traumatic brain injury,

post-traumatic stress disorder, substance abuse, or mental health problems stemming

2 from service in the United States military, the court shall, prior to sentencing, make a

determination as to whether the defendant was, or currently is, a member of the United

States military and whether the defendant may be suffering from sexual trauma, traumatic

brain injury, posttraumatic stress disorder, substance abuse, or mental health problems as

a result of that service. The court may request, through existing resources, an assessment

to aid in that determination. [¶] (b) If the court concludes that a defendant convicted of a

criminal offense is a person described…