People v. Baker

ROTH, P. J. On December 30, 1964, appellant was charged by information with murder in violation of section 187 of the Penal Code. Two prior convictions for felonies were also alleged.

On January 8, 1965, appellant pleaded “Not Guilty” and denied the priors. On May 20, 1965, appellant entered the additional plea of “Not Guilty by Reason of Insanity” (Pen. Code, § 1016) and two psychiatrists were appointed by the court pursuant to Penal Code, section 1027, to examine and investigate appellant’s sanity. Each reported appellant was sane prior to the trial. On May 25, an additional physician, Dr. Marinacci, was appointed under Code of Civil Procedure, section 1871, to conduct an electroencephalogram on appellant. This report was also made prior to the trial.

On July 12, 1965, the cause was called for trial. At bench, contending counsel and appellant being present, the following exchange occurred:

“The Court: The record will show these proceedings are had out of the hearing of the prospective jurors.

“I understand it’s your desire to admit the priors alleged?

“Mb. Rosenstock : Yes, your Honor.

“The Court; All right. It’s alleged here, Mr. Baker, that before this Information was filed, you were convicted on or about the 30th day of January, 1959, in the Superior Court of Contra Costa County, of the crime [sic] of forgery and burglary.

“Do you admit or deny those priors as alleged?

“The Dependant: I admit them.

“The Court : Now, there’s a plea of not guilty by reason of insanity. The doctors’ reports have been returned to the Court. Both doctors say that at the time of the commission of [474]the offense your client was sane. Do you want to stand on the plea of not guilty by reason of insanity, or withdraw it ?

“Mb. Bosenstock : At this time we will withdraw it, your Honor.

“The Coubt : Very well. ’’

Appellant was found guilty of first degree murder and sentenced to life imprisonment.

On the afternoon of November 12, 1964, appellant shot and killed Irvin Luther Twilley at the home of Bonald Bobinson, appellant’s brother-in-law, in Paramount. At the time of the shooting, appellant’s wife Sylvia, his stepdaughter, and two of his wife’s brothers and their wives were present in the house. After the shooting, appellant fled and was later picked up by police in Utah.