P. v. Lake CA4/1
Darius Lake appeals the judgment imposed on resentencing after remand following a prior appeal to allow the sentencing court to exercise its discretion to strike five-year enhancements for a prior serious felony conviction. Lake contends the trial court erred by striking the enhancements and resentencing him in his absence and by refusing to consider his eligibility for a diversion program for defendants with qualifying mental disorders that became available after he was initially sentenced. Lake also contends legislation that went into effect after he was resentenced entitles him to a full resentencing hearing and asks us to remand the matter with a direction that further proceedings be conducted by a different judge. We conditionally reverse the judgment and remand the matter to allow the trial court to consider whether to grant diversion.
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