P. v. Flores CA5
This matter is back before us after a prior appeal that resulted in a remand for resentencing, for various reasons, including the enactment of Senate Bill No. 620 (2017-2018 Reg. Sess.) (Senate Bill No. 620), which retroactively amended Penal Code section 12022.5, subdivision (c), to make the imposition of firearm enhancements under that statute discretionary. Appellant Eduardo Flores now seeks another remand for resentencing in light of Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Senate Bill No. 1393), which took effect after his prior resentencing. Senate Bill No. 1393 amended sections 667 and 1385 to give trial courts discretion to dismiss a prior serious felony enhancement at sentencing. Flores further seeks remand for the trial court to conduct a hearing to determine whether he is eligible for mental health diversion under section 1001.36, which also took effect relatively recently.
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