People v. McCullah CA2/4

Filed 11/3/15 P. v. McCullah CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B258498

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA075301) v.

DAVID L. McCULLAH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed. John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerard A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

___________________________________________

INTRODUCTION David McCullah was convicted of second degree robbery and assault with a deadly weapon. He contends the trial court erred in permitting a psychiatrist, who had reviewed appellant’s mental competency report, to testify. Appellant argues that the psychiatrist’s testimony violated the judicially declared rule of immunity, which prohibits consideration of any fruits of a mental competency examination. For the reasons stated below, we conclude there was no reversible error. Accordingly, we affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY 1 A. Underlying Offenses On August 9, 2007, appellant assaulted and robbed Erin Hauck outside a bar. He stabbed Hauck’s left wrist with a knife and stole her purse. Appellant was arrested shortly afterward. After being advised of his rights and informed he was being arrested for robbery, appellant told the police, “‘I didn’t rob anybody. I’m a fucking drunk. I drink all day.’” When the police said he had been recorded running with a purse, appellant told the officers, “‘I did 20 fucking years. You think I give a fuck about this bullshit? This ain’t shit.’” Police recovered Hauck’s purse from appellant’s apartment. They also recovered a shotgun and a knife. Appellant told the officers that everything in the apartment belonged to him. In a subsequent field showup, Hauck identified appellant as her attacker.