People v. Clark CA5

INTRODUCTION

Defendant Brandon Daniel Clark used an assault rifle to shoot out the glass door of the hospital where his mother worked and, while searching for her, pointed the rifle in front of him as he encountered several employees. After a jury convicted him of five counts of assault with a semiautomatic rifle, shooting at an occupied building, and other charges, the trial court sentenced him to a total term of 20 years 4 months in prison. Defendant argues, and the People agree, that the matter should be conditionally reversed and remanded to permit the trial court to reconsider the appropriateness of mental health diversion under recent changes to the law. He further challenges his conviction and argues that (1) the trial court prejudicially erred in excluding testimony as to defendant’s statements that cartel members intended to harm his mother because such testimony was relevant to his general intent to commit assault with a semiautomatic rifle and shooting at an occupied building and (2) the evidence is insufficient to support the verdicts for two counts of assault with a semiautomatic rifle. We accept the People’s concession and conditionally reverse for further mental…