People v. Burghart CA6

I. BACKGROUND

The Monterey County District Attorney charged Burghardt by information with one count of battery on non-confined person by prisoner (§ 4501.5), arising out of an altercation between Burghardt and a correctional officer at the Salinas Valley State Prison. The information further alleged five prior convictions for strike offenses (§ 1170.12) and three circumstances in aggravation—that Burghardt (1) engaged in “violent conduct that indicates a serious danger to society”; (2) has prior convictions that are “numerous and of increasing seriousness”; and (3) has served a prior prison term. (Cal. Rules of Court, rule 4.421(b)(1)–(3).) Burghardt’s trial counsel twice declared a doubt regarding Burghardt’s competency, and both times, an examining psychologist deemed Burghardt competent to stand trial. Before trial, Burghardt also asked the court to dismiss the case under section 1385, subdivision (a), arguing that “nothing is to be gained by this prosecution” because Burghardt was already serving a term of 20 years to life in one case3 and sentenced to a consecutive term of 25 years to life in another. The court denied the motion. The jury convicted Burghardt of the…