People v. Renteria

GRIFFIN, P. J. Appellant appeals from a judgment of conviction of assault with intent to commit murder, a violation of section 217 of the Penal Code. The defendant had pleaded not guilty and not guilty by reason of insanity, and after separate trials the jury returned verdicts finding that the defendant was guilty of the offense charged and that he was sane at the time of the commission of the offense.

The instant offense occurred on November 11,1958, in Tulare County. Two highway patrolmen observed defendant driving north on Highway 99 and caused him to stop by use of their red light. As the highway patrolmen stopped their ear behind the defendant’s car, he alighted from his car and drew a pistol. The officers called on him to throw away the pistol and the defendant responded by firing upon the officers and fleeing across a field. The officers pursued him and, after a lengthy chase and an exchange of shots, the defendant was wounded and indicated willingness to surrender. He was then taken into custody.

At the time of the defendant’s arraignment in the superior court, the court appointed two psychiatrists to examine him and determine his present mental condition and his mental condition at the time of the offense charged. These psychiatrists were instructed to report their findings to the court before the commencement of the defendant’s trial. The contents of their reports are not disclosed by the record but during the trial of the issue of defendant’s sanity at the time of the commission of the offense charged, both psychiatrists testified that defendant was, in their opinion, legally insane both at the time of the commission of the offense and at the time of trial. During the presentation of the defense case at the trial [550]of the issue of defendant’s guilt, the assistant public defender who was representing the defendant called him to the stand in an audible tone. The defendant remained seated at the counsel table and gave no indication that he had heard his attorney. The defense then rested. Both sides completed their arguments to the jury. The court instructed the jury and the jury retired to deliberate upon the case. Shortly thereafter the jury was called to the courtroom and in the presence of counsel, defendant and the jury, the court stated:

“... let the record show that the court has at this time had the jury recalled to the court prior to verdict for proceedings under section 1368 of the Penal Code. And, let it appear that a doubt has arisen in the mind of the Court as to the present sanity of the defendant, and accordingly, it is ordered that the question of this defendant’s sanity be tried.”