In the published portion of this decision, the Court held that Penal Code section 1001.36 (mental health diversion) applies retroactively to all cases not yet final. As such, in the unpublished portion, the Court agreed that a conditional reversal and remand was appropriate so the trial court could consider his diversion eligibility, despite the AG arguing that it would be futile because he posed an unreasonable risk of danger to public safety. If on remand the court determines appellant is not eligible for section 1001.36 relief, his convictions and sentence would be reinstated, but the trial court was directed to stay the sentence for one of the firearm enhancements, as the offense to which it was attached was also stayed.
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