People v. Stanfill

Opinion

FRANSON, Acting P. J.

Statement of the Case

Appellant was convicted by a jury of a felony violation of Penal Code section 12021 (ex-felon in possession of a concealable weapon) and two misdemeanor violations, Vehicle Code section 10852 (tampering with a vehicle) and Penal Code section 594 (vandalism).

On August 7, 1984, appellant’s jury trial began, but at the request of defense counsel a mistrial was declared. Proceedings were suspended so that appellant could be examined pursuant to Penal Code section 1368 to determine whether he was competent to stand trial.

[579]

On September 12, 1984, after submission of the matter on the two doctor’s reports, appellant was found to be competent for trial, criminal proceedings were reinstated, and jury trial was set for October 29, 1984.

On the first day of trial, defense counsel moved for a continuance to secure the attendance of the psychiatrist who had examined appellant after the earlier mistrial. This motion was denied, and trial continued through October 31, 1984, at which time appellant twice moved for a mistrial and renewed his motion for a continuance. These motions were denied, and appellant was convicted on all counts.

Appellant was sentenced to state prison for the middle term of two years on the Penal Code section 12021 violation and to time served on the two misdemeanor offenses. He was also ordered to pay a $300 restitution fund fine.

Statement of the Facts

On April 18, 1984, appellant was observed at the Par 3 golf course in Modesto engaging in unusual behavior. Appellant crouched behind bushes and pointed a handgun held at arms’ length in various directions on the golf course. Next, appellant entered an unlocked van, hopped around inside, moved around some boxes of tools, got out and fired a shot.

Appellant then went to the pro shop and walked through a locked sliding glass door leaving an almost perfect silhouette of a man through it. Inside the pro shop, appellant went to the men’s room where one of the witnesses had locked himself in and was pushing against the door. Appellant split the door sash but did not get into the men’s room.