P. v. Secrest CA3
Defendant Carlton Gordon Secrest pleaded no contest to charges related to felony indecent exposure, and the trial court sentenced him to the upper term in prison. On appeal, he contends he received ineffective assistance of counsel because his trial counsel did not request mental health diversion pursuant to Penal Code section 1001.36. (Statutory section citations that follow are to the Penal Code.)
In supplemental briefing, defendant argues we must reverse and remand the matter so as to give him the benefit of the ameliorative changes to section 1170 enacted under Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567) (Stats. 2021, ch. 731), which came into effect on January 1, 2022, while his appeal was pending. The People concede, and we agree. We will reverse defendant’s sentence, remand for resentencing, and otherwise affirm.
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