Apr. 8, 2022 – People v. Banner (5th Dist., F079770)

The Court of Appeal holds that a trial court does not have a sua sponte duty to consider mental health diversion under PC 1001.36, and that trial counsel did not render ineffective assistance by failing to request diversion. The appellate court also holds that AB 124’s amendments to PC 1170(b) apply retroactively to defendant’s case and remands for resentencing, concluding that “psychological trauma based on mental illness may be a circumstance qualifying for the lower term presumption in [PC 1170(b)(6)].”