Mayes
People v. Mayes
Opinion
Opinion
Wiener, J.
Defendant Richard Vincent Mayes appeals from a judgment of conviction entered on jury verdicts finding him guilty of two counts of robbery (Pen. Code, §§ 211/211a) and one count of kidnapping (§ 207) as a lesser included offense of kidnapping for the purpose of robbery (§ 209, subd. (b)) and finding affirmatively on the allegation he personally used a firearm in the commission of the second robbery and kidnapping (§ 12022.5). The court sentenced Mayes to 19 years in prison. In addition to challenging various rulings made during the criminal trial and sentencing, Mayes contends he was denied due process in section 1368 proceedings to determine his competency to stand trial. We reverse.
Factual and Procedural Background
A
In May 1985 an information charged Mayes with the robberies of two taxicab drivers, Ronald Ellis and Brian Royal (counts I and II). A third count charged Mayes with the kidnapping of Royal for the purpose of robbery. Counts IV, V and VI charged Mayes with attempted murder and assault with a deadly weapon in a separate incident involving a third taxicab driver. Mayes successfully moved to sever counts IV and V. Count VI was dismissed.