People v. Haines CA3

Filed 11/30/21 P. v. Haines CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Trinity) ----

THE PEOPLE, C092704

Plaintiff and Respondent, (Super. Ct. No. 19F097)

v.

RAE ANN HAINES,

Defendant and Appellant.

Appointed counsel for defendant Rae Ann Haines has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) FACTUAL AND PROCEDURAL BACKGROUND On August 5, 2019, the victim aggressively banged on the door of defendant’s apartment and began to argue loudly with defendant about defendant’s treatment of the

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victim’s mother (who lived downstairs from defendant). A neighbor saw the victim pushing on defendant’s door with her shoulder. The door opened to reveal defendant holding a large, curved sword. Defendant yelled, “I’m going to kill you,” and swung the sword erratically at the victim, who tried to retreat downstairs. Defendant struck the victim multiple times, and the victim suffered a five-inch cut on her arm and a one-half- inch cut on her shoulder. Police arrived and arrested defendant. Defendant told police her door had been previously damaged, but now it had been further damaged and would no longer lock. Defendant also told police that the victim had previously threatened her. Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 count one), preparing to burn a structure (§ 455, subd. (a); count two), placing flammable material around a structure (§ 455, subd. (b); count three), and possession of combustible material (§ 453, subd. (a); count four). With respect to count one, it was further alleged defendant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) In August 2019, defense counsel declared doubt as to defendant’s competency to stand trial. (§ 1368 et seq.) The court-appointed evaluator subsequently evaluated defendant and opined she was not currently competent to stand trial. In October 2019, the trial court found defendant to be not competent to stand trial and suspended criminal proceedings. In October 2019, evaluators for a conditional release program opined defendant was not a candidate for their outpatient program. It was recommended defendant be sent for treatment at a state facility and the court ordered defendant committed in December