People v. Danis

Opinion

TAYLOR, P. J.

This is an appeal by defendant Danis from a judgment of conviction by a jury for violation of section 487, subdivision 3, of the Penal Code (auto theft). Defendant contends that the trial court exceeded its jurisdiction by ordering, on motion of the prosecution, that defendant be examined by a court-appointed psychiatrist, that the examination and

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medical testimony violated defendant’s constitutional privilege against self-incrimination, and that it was reversible error to permit the prosecution to introduce the psychiatric testimony in rebuttal to the defense of diminished capacity.

Inasmuch as defendant relied solely on the defense of diminished capacity and his inability to entertain the required intent to commit theft, it is not necessary to relate an extensive summary of the facts concerning defendant’s alleged theft of a Pinto automobile. It is sufficient to state that the testimony presented by the prosecution was uncontradicted and overwhelmingly established that defendant, with others, carefully planned, a day in advance, and executed the removal of a Pinto automobile from the Harper Ford Company in Eureka on November 22, 1971, and was paid therefor by his accomplice and codefendant.

The following testimony was introduced by the defense to establish that defendant was incapable of entertaining the required specific intent to permanently deprive the automobile’s true owner of possession.

Elaine Hoyerdahl and her husband owned the home where defendant had been staying. She testified that defendant had drunk about a fifth of brandy and some beer the night before his arrest. She and her husband had left their home about 5 p.m. the evening of the 21st and next saw defendant the morning of the 22d. He was drinking brandy at the time and said he had been up all night. Although not drunk, he was under the influence. Defendant left around noon and was gone for an hour and a half. When he returned to the house, he was beginning to sober up and was still in the process of sobering up when the police officers arrived to arrest him.

Dr. Robert Gardner, a medical specialist in the field of psychiatry who was - appointed by the court on defendant’s motion, testified as follows. He had examined defendant three times and had spent about an hour with him on each occasion; an electroencephalogram disclosed no abnormalities and a series of psychological tests disclosed no psychosis. Defendant had prior psychological and mental disturbances and a long history of suicide attempts, which were related by the doctor. In the opinion of Dr. Gardner, defendant suffered from a condition called anti-social personality disorder. This is a functional explanation for his behavior. He also suffers from alcoholism; in the past, he has suffered from drug addiction; and may suffer from a more serious disorder called schizophrenia. Defendant was abandoned by his natural parents and spent his first two years in an orphanage. At age two, he was adopted and. was the only child in the family. His adoptive parents were inconsistent and abusive and as a