People v. Bryant

KAUS, P. J.

On February 24, 1965, there was filed an information charging defendant with burglary. (Pen. Code, § 459.) He was arraigned the same day. On March 2, 1965, he pleaded guilty. A probation report was ordered.

The report revealed the following matters: defendant was born in Mississippi in 1940. He moved to California with his parents when he was two years old. His involvement with the law started ten years later. In 1952 he came to the attention of the juvenile authorities when he committed arson. A clinical study indicated “that he appeared to be seeking an acceptable level of adjustment and identification with his parents and was in need of assistance in resolving his hostile feelings due to conflict between him and his mother. . . .” He again committed arson in 1953. That time a clinical study indicated a “disturbance in the psychosexual development; the incendiarism was of a compulsive nature and revealed an intense repressed destructive hostility. ’ ’ He was committed to the California Youth Authority. Defendant was paroled in March 1955. In July of that year he attempted extortion by telephone and was recommitted to the Youth Authority. After being again paroled, he was recommitted for a violation of section 288a of the Penal Code.

His adult history started in June 1961 when he again committed arson. In connection with the criminal proceedings resulting from that act he spent some time at the Metropolitan State Hospital. Eventually he was put on probation for three years, one of the conditions being that he cooperate with the probation officer in a plan for psychiatric treatment. About a year later he was arrested for assault with a deadly weapon, but released. No charges were filed. In 1964 he was jailed for three days for a traffic violation. In the same year he was convicted of possession of dangerous drugs.

[903]

The burglary of which he was convicted in the case at bar was a clumsy attempt to recoup personal property which he had given to a certain woman, hoping that she would buy it. Unfortunately defendant took other property while he was in the apartment in question.

The probation report included a statement from a Doctor Drury at the Metropolitan State Hospital, where defendant had been rehospitalized in September and October 1964. We quote a relevant portion of the report: “Diagnosis: Schizophrenic Reaction, Chronic Undifferentiated Type. Prognosis: Guarded. Psychological Report: Borderline normal IQ. This patient appears to be a very immature individual, extremely dependent, needs for affeetional gratification are very strong —childlike. Physical and neurological examinations are essentially normal. Negative serology. Hematology and urinalysis ■—within normal limits. Negative chest X-Ray. We note from his chart that he has had experience as an auto body worker. 10-8-64: Discharged, improved. Is able to return to work.”