People v. Johnson

230 Cal. Rptr. 3d 247, 21 Cal. App. 5th 267
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 13, 2018
DocketC082890
StatusPublished
Cited by12 cases

This text of 230 Cal. Rptr. 3d 247 (People v. Johnson) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Johnson, 230 Cal. Rptr. 3d 247, 21 Cal. App. 5th 267 (Cal. Ct. App. 2018).

Opinion

RAYE, P.J.

*270Defendant Derek Antonio Johnson, charged with domestic violence causing injury, assault with force likely to inflict great bodily injury, *271and mayhem1 engaged in multiple acts of self-mutilation, shouted to voices in his head, could not be quieted during court proceedings, defecated in his pants, was placed in a medical unit at the prison where he was given medication and was put on a suicide watch, and his lawyer expressed doubt throughout the trial about his mental competence to understand the proceedings and to assist in his defense. We conclude defendant's behavior constituted substantial evidence he was not mentally competent to stand trial. The trial court's refusal to hold a competency hearing when faced with substantial evidence defendant was incompetent to stand trial ( Pen. Code, § 1368 ) violates his federal and state right to due process and necessitates reversal of the judgment.

The jury found defendant guilty of domestic violence causing injury, assault with force likely to inflict great bodily injury, and mayhem. The jurors could not agree on the great bodily injury enhancements, and therefore, the court dismissed the enhancements for insufficient evidence. The court also dismissed the prior prison term allegations. Because we must reverse the judgment due to the trial court's failure to hold a competency hearing, we need not address most of the other issues defendant raises on appeal. We conclude, however, there is sufficient evidence to support mayhem for purposes of any future prosecution on the mayhem count.

FACTS

The facts relevant to the dispositive issues on appeal are set forth in our analysis *250of the two issues we address. Few other background facts are salient to our discussion. Suffice it to say, defendant and the victim, both of whom struggled with drug addiction, had an acrimonious relationship for about seven months. Pursuant to Evidence Code section 1109, the prosecution introduced evidence of two uncharged incidents of domestic violence. The first occurred while the victim was withdrawing from heroin in July of 2015. Defendant grabbed her by the throat, held her against the wall, threw her down in the closet, grabbed her hair and dragged her across the room, punched her 50 to 100 times, and bit her. She testified defendant did not let her out of the house for a week. She acknowledged that he was trying to keep her away from friends who were prostitutes and drug addicts.

The second incident of uncharged domestic violence occurred in early 2016. The victim moved out of defendant's grandmother's house and moved home just before Christmas 2015. But afraid defendant would find her at her parents' house, she moved into a women's shelter. She left the shelter to live *272with him for another couple of weeks and relapsed while she was with him. They used drugs together for a couple of days, but she wanted heroin, her drug of choice. Defendant made her stay in the bathroom for a few hours and threatened her.

The charged incident occurred on February 15, 2016. Defendant and the victim went barhopping together on Valentine's Day. After drinking at various bars, they got into an argument and the victim left. She noticed defendant had left his phone in her car. She went through the phone and discovered defendant had been texting with another woman. Defendant called her from the Hampton Inn. She went to the Hampton Inn after midnight to deliver the phone whereupon they began arguing again. The argument turned violent.

Defendant jumped on the victim and started biting her face and hitting her. He bit her eyelid just underneath her eyebrow. As the victim tried to shove defendant off of her, he repeatedly punched her. He then bit her lips on the left side of her mouth. The victim could feel the blood from the bite on her eyelid ooze down her face. She managed to get out of the car and run to the hotel lobby for help. She was bleeding all down her swollen face. An emergency room doctor glued her eyebrow back together. She had marks on her hands. She had bruising, including around her lips, scratches on her neck, and a cut to the bridge of her nose.

DISCUSSION

I

Right to a Competency Hearing

Defendant's Evidence of Mental Incompetency

Defendant's odd behavior began on June 6, 2016, during court proceedings on the eve of trial. He expressed his frustration with his lawyer to the court and his need to see a doctor for mental problems. He disclosed he had a learning disability and did not understand what had been involved in a Marsden2 motion. He told the court he believed he was being treated unfairly. Defense counsel explained to the court that defendant's behavior was atypical and, consequently, she could not ethically express a doubt as to his competence.

Defendant's negotiations with the prosecutor to settle the case failed the following day. In the proceedings that followed, he continued shouting "very, *273very, very loudly." He shouted "ouch, ouch, ouch," over *251and over again. The outbursts continued and he eventually banged his head on counsel's table. He reported hearing voices. He was very uncooperative as he was removed from the courtroom and returned to the jail for a medical evaluation by the jail psychiatric staff. He was moved from the general population at the jail to sheltered housing for inmates with special needs.

On June 8, defendant did not appear at trial. A guard saw him in a cell "head-butting" the ground. At the same time, defendant was slapping and punching the left side of his face. Bleeding from his left eyebrow, defendant was put in belly chains. His left eye socket was swollen and lacerated. Another guard charged with giving him his civilian clothes, saw defendant crouched on the floor with his hand on the right side of his head, yelling, screaming, and hitting the left side of his face. Rocking back and forth, defendant yelled, "Get out of my head. They made me do it." He hit himself at least six times and held his head as he continued to rock back and forth. He was moaning and screaming as the officers entered to restrain him and then he resumed beating himself. There was a jail incident report documenting that he punched himself in the face, hit his head, and began crying. With mounting evidence defendant was decompensating, defense counsel expressed a doubt about his competency to assist her in his defense. She noted that mental illness can be fluid and he had a history of receiving psychiatric treatment in prison. She lamented the lack of paperwork to document any mental health treatment he had received.

On June 9, defendant appeared at trial with his eye swollen shut. He was wringing his hands non-stop, grabbing and twisting his shirt, and mumbling while looking down and shaking his head. Defense counsel reported that defendant appeared frightened of her, could not assist her, was incapable of testifying, and appeared to have had a complete breakdown. He was reported to have defecated in his pants.

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Cite This Page — Counsel Stack

Bluebook (online)
230 Cal. Rptr. 3d 247, 21 Cal. App. 5th 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-calctapp5d-2018.