People v. White CA5

Filed 11/8/21 P. v. White CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F079449 Plaintiff and Respondent, (Super. Ct. No. F15907916) v.

RAYMOND WHITE, JR., OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and F. Matt Chen, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Raymond White, Jr. viciously stabbed a therapist at a rehabilitation center. He was primarily charged with attempted murder and pled both not guilty and not guilty by reason of insanity. The case proceeded to jury trial.

After the jury found White guilty as charged, the prosecutor moved for a directed verdict on sanity. The court granted the motion and found White sane.1 White now contends the court erred in its finding and in not submitting the issue to the jury. We disagree and, aside from modifying certain sentencing enhancements discussed below, will affirm. BACKGROUND Charges The Fresno County District Attorney charged White with committing two crimes: Attempted murder (Pen. Code, 2 §§ 664 & 187, subd. (a)) and assault with a deadly weapon (§ 245, subd. (a)(1)). The charges included enhancements for using a weapon (§ 12022, subd. (b)) and causing great bodily injury (§ 12022.7, subd. (a)). Sentencing enhancements alleged Three Strikes (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and prior prison terms (§§ 667.5, subds. (a) & (b)). Trial Evidence The victim was “volunteering as a … therapist” at a rehabilitation center. White was an occasional patient. One day, White approached the victim in a room, closed the door, and “block[ed]” it. After some conversation, White asked her for candy and, when she turned around to oblige, attacked her with a knife. The victim was stabbed numerous times including “in the neck” and “into [the] head ….” White ran away but was quickly apprehended nearby. A law enforcement officer interviewed White. White initially denied any involvement but ultimately confessed. He admitted to “plann[ing]” the attack and “want[ing] that bitch dead.” “He felt … betrayed” by the victim because he thought she