People v. Martinez

[357]

Opinion

ROUSE, J.

This is an appeal by defendant James Martinez from a judgment convicting him of assault with force likely to produce great bodily injury, in violation of Penal Code, section 245.

The record shows that defendant was charged with the above-mentioned offense by information wherein there was also alleged a prior felony conviction. Defendant was arraigned and entered a plea of not guilty. The allegation of a prior conviction was deemed denied. Defendant also reserved his right to plead not guilty by reason of insanity. He subsequently entered such a plea.

When the matter .came on for trial, the court expressed some doubt about defendant’s present sanity and directed that proceedings be initiated under Penal Code, section 1368, to determine whether defendant was competent to stand trial. Thereafter, on the basis of such proceedings, the court found defendant presently insane and committed him to Agnews State Hospital until such time as he recovered his sanity.

Defendant remained at Agnews State Hospital for two years. On October 14, 1971, defendant was found competent to stand trial, and criminal proceedings were reinstituted. On November 22, 1971, defendant was rearraigned on the prior felony conviction and admitted same. Trial by jury commenced on the same day and continued until November 29, 1971, when defendant was found guilty as charged.

On December 1, 1971, the sanity phase of the trial commenced, and on December 6, 1971, the jury found defendant to be legally sane at the time of the commission of the offense. Thereafter, defendant was sentenced to state prison for the term prescribed by law. Defendant filed a timely notice of appeal.

Since defendant does not challenge the sufficiency of the evidence produced at the guilt phase of the trial, we shall adopt defendant’s own characterization of the evidence as set forth in his opening brief: “On the second of June, 1969, in Oakland, California, Defendant, youthful and physically in good health, assaulted and severely beat up a ninety-four year old Jehovah’s Witness missionary, causing substantial loss of mental capacity as well as immediate suffering. No weapon was involved. Two roofers witnessed the incident and testified that Defendant ceased his attack only when one of them approached. There was apparently no provocation or reason for the attack, and none was offered by the Defendant (who did not testify at the trial).”