P. v. Kimia CA1/2
Appellant Ali Asghar Kimia was convicted following a jury trial of premeditated attempted murder, carjacking, second degree robbery, elder abuse, and assault with a deadly weapon. On appeal, appellant contends the trial court erred when it failed to (1) give a unanimity instruction on the attempted murder count, and (2) stay his sentence on the assault with a deadly weapon count pursuant to Penal Code section 654. In supplemental briefing, appellant further argues that newly enacted section 1001.36, which permits the trial court to grant pretrial diversion in certain cases in which a defendant’s mental health disorder played a “significant role in the commission of the charged offense” (§ 1001.36, subd. (b)(2)), is retroactive to cases such as his that are not final on appeal. We shall affirm the judgment.
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