When will a review court refuse to remand a defendant for mental health diversion?

People v. Cawkwell (2019) 34 Cal.App.5th 1048, 10531054, 246 Cal.Rptr.3d 744 [remand not appropriate despite change in law governing pretrial mental health diversion because record established defendant was not eligible for diversion under amended law based on nature of his convictions]; see generally People v. Coelho (2001) 89 Cal.App.4th 861, 889, 107 Cal.Rptr.2d 729 ["reviewing courts have consistently declined to remand cases where doing so would be an

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idle act that exalts form over substance because it is not reasonably probable the court would impose a different sentence"].) Nevertheless, nothing in this opinion should be construed as limiting defendant's right to file a petition in the trial court pursuant to section 1170.95. Any available relief, of course, may be constrained by the doctrine of the law of the case. ( People v. Stanley (1995) 10 Cal.4th 764, 786, 42 Cal.Rptr.2d 543, 897 P.2d 481.)