P. v. Stinson CA4/1
In Santa Clara County Superior Court case No. C1652157, a jury
convicted Axel Gary Stinson of one felony count of inflicting corporal injury on his partner and mother of his child. (Pen. Code, § 273.5, subd. (a).) In a bifurcated trial, the trial court found true allegations that he suffered a prior conviction for robbery (§ 211), a serious and violent felony as defined in sections 667.5, subdivision (c) and 1192.7, subdivision (c). At the time of the incident in case No. C1652157, Stinson was on probation in Santa Clara County case No. C1506969 for convictions of felony robbery (§§ 211/212.5) and misdemeanor criminal threats (§ 422.2). Two months before Stinson’s sentencing hearing, the Legislature enacted sections 1001.35 and 1001.36, putting in place a discretionary pretrial diversion program for individuals with qualifying mental disorders. (Stats. 2018, ch. 34, § 24; see People v. Frahs (2020) 9 Cal.5th 618, 625 (Frahs II).) At Stinson’s sentencing, the court denied his
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