People v. Mertz-Watson CA2/6

Filed 7/27/21 P. v. Mertz-Watson CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE OF THE STATE 2d Crim. No. B307405 OF CALIFORNIA, (Super. Ct. No. 2019017863) (Ventura County) Plaintiff and Respondent,

v.

LYNDSI REID MERTZ- WATSON,

Defendant and Appellant.

Lyndsi Reid Mertz-Watson appeals the judgment entered in case number 2019017863 after she pleaded guilty to battery on a peace officer (Pen. Code,1 (§ 243, subd. (c)(2)). Appellant also pleaded guilty in case number 2019022590 to destroying jail property (§ 4600, subd. (a); count 1) and vandalism (§ 594, subd. (b)(1); count 2). At a joint disposition hearing, the trial court

All statutory references are to the Penal Code unless 1

otherwise stated.

sentenced appellant in case number 2019022590 to an aggregate term of 19 months in county jail with full credit for time served. In case number 2019017863, the trial court designated the battery offense as a misdemeanor and placed appellant on probation with terms and conditions including that she pay $3,145.25 in victim restitution to the Ventura County Sheriff’s Department. Appellant contends the condition requiring her to pay victim restitution must be stricken because it is based upon the conduct for which she was convicted in case number 2019022590. We affirm. FACTS AND PROCEDURAL HISTORY2 Battery On a Peace Officer (Case Number 2019017863) On June 2, 2019, appellant’s mother Patty Jones called 911 and reported that appellant, who lived with her and was being treated for bipolar disorder, had lunged at her and threatened to hit her. When Simi Valley Police Officer Shane Johnson and his partner responded to the residence, Jones stated that appellant had stopped taking her prescribed medication and had recently used methamphetamine. Officer Johnson contacted appellant in her bedroom and tried to speak with her. Appellant told the officer to get out of her room. When he did not do so, she struck him on the cheek and nose, causing a nosebleed. Appellant was charged with battery on a peace officer and pleaded not guilty. On June 20, 2019, defense counsel declared a doubt as to appellant’s competency. Following an evaluation, the court declared appellant incompetent to stand trial and ordered her placed under a mental health civil commitment for a maximum period of two years.