The People of the State of California v. Trever Richard Dalton

Ventura, California criminal defense lawyer represented the Defendant charged with assault with a firearm.



Trever Richard Dalton shot and injured his neighbor following an altercation. After waiving jury, the trial court found appellant guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2))[1] and found true the special allegations that he personally inflicted great bodily injury and used a firearm during the commission of the offense (§§ 12022.7, 12022.5, subd. (d)).



* * *



Legal issue Was the defendant's waiver of the right to a jury trial valid, and should the trial court reconsider eligibility for mental health diversion under amended statutory criteria?

Headnote



CRIMINAL LAW. JURY TRIAL WAIVER. The case examines whether the defendant's waiver of the right to a jury trial was valid, addressing arguments regarding the adequacy of the trial court's advisements and whether recent procedural amendments should have been included in the waiver colloquy.



CRIMINAL LAW. MENTAL HEALTH DIVERSION. The case considers the applicability of amended statutory provisions under section 1001.36 for mental health diversion eligibility, resulting in a remand for the trial court to reconsider the defendant's application in light of legislative changes presuming mental disorder connections to offenses.



Key Phrases Assault with a firearm. Mental health diversion. Jury trial waiver. Great bodily injury. Post-traumatic stress disorder.

We reverse the trial court's order denying appellant's motion for mental health diversion and remand the matter with directions that the trial court conduct a new hearing to consider appellant's application for mental health diversion pursuant to amended section 1001.36. In all other respects, the judgment is affirmed.