People v. Bennett CA3

Filed 11/20/24 P. v. Bennett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100344

Plaintiff and Respondent, (Super. Ct. No. 21FE012184)

v.

DEJON ALEXANDRE BENNETT,

Defendant and Appellant.

Appointed counsel for defendant Dejon Alexandre Bennett asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our review of the record has identified an error in the trial court’s calculation of Bennett’s presentence credit and an error in the abstract of judgment. We order the judgment modified to reflect the accurate number of credits. We also direct the trial court to issue a corrected abstract of judgment. We affirm the judgment as modified.

1

BACKGROUND On April 3, 2021, the victim was sitting in his car when Bennett approached, pointed a gun at him, and demanded he give Bennett his car. The victim tried to take the keys out of the ignition, and a struggle ensued. Bennett fired his gun, striking the victim in the left arm. The victim was treated at a hospital for his injuries. On April 7, 2021, Bennett was driving and failed to yield when police officers attempted to conduct a traffic stop. He ran multiple red lights and drove into oncoming traffic. He threw a firearm from the car during the chase. Bennett was charged with attempted carjacking (Pen. Code, §§ 664, 215, subd. (a); count one), unlawfully driving and taking a vehicle (Veh. Code, § 10851, subd. (a); count two), unlawfully carrying a loaded firearm (Pen. Code, § 25850, subd. (a); count three), evading a police officer (Veh. Code, § 2800.2, subd. (a); count four), and misdemeanor resisting a police officer (Pen. Code, § 148, subd. (a)(1); count five). As to count one, the People alleged firearm and great bodily injury enhancements. (Pen. Code, §§ 12022.5, subd. (a), 12022.53, subds. (b)-(d), 12022.7, subd. (a).) One aggravating factor—that the crime involved an attempted or actual taking or damage of great monetary value—was also alleged. (Cal. Rules of Court, rule 4.421(a)(9).) Bennett pleaded not guilty by reason of insanity, and the trial court appointed a physician and psychologist to evaluate him. In April 2022, the physician submitted a 34- page report and diagnosed Bennett as suffering from post-traumatic stress disorder (PTSD) due to his military service and major depressive disorder. The physician opined that Bennett suffered from PTSD and major depressive disorder at the time of the crimes. The physician further concluded that Bennett knew the nature and quality of his acts and was able to distinguish right from wrong. In preparing his report, the physician interviewed Bennett and reviewed relevant records, including police reports and a summary of his military history. The report noted that Bennett had served in the military from 2012 through 2017, including time in combat, and had been honorably discharged.