P. v. Gonzalez CA4/1
A jury found defendant William Alfredo Gonzalez guilty of robbery and driving or taking a vehicle without the consent of the owner. (Pen. Code, § 211; Veh. Code, § 10851, subd. (a).) Gonzalez admitted an allegation that he had a prior conviction for felony theft of an automobile. (§ 666.5, subd. (a).) The court sentenced Gonzalez to a term of four years, with 259 days of presentence custody credits. The court also imposed several fines and fees.
On appeal, Gonzalez seeks remand for consideration of pretrial mental health diversion under section 1001.36 following the Supreme Court’s decision in People v. Frahs (2020) 9 Cal.5th 618 (Frahs). Appellant also requests we stay or strike the fees and fines because the superior court imposed them without conducting an ability-to-pay hearing. In the alternative, Gonzalez contends his trial attorney failed to provide effective assistance of counsel when she failed to seek a determination of his eligibility under Frahs and/or failed to reque
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