Rocha

People v. Rocha

Good Law
1996 Cal. App. LEXIS 783·48 Cal. App. 4th 1060·56 Cal. Rptr. 2d 212·96 Daily Journal DAR 10073·96 Cal. Daily Op. Serv. 6211
Court of Appeal of CaliforniaAugust 19, 1996B095130California4,061 words

Opinion

Opinion

Woods, J.

A jury found appellant guilty of attempted murder (Pen. Code, §§ 664/187; statutory references, unless otherwise noted, are to the Penal Code), two counts of mayhem (§ 203), found true a great bodily injury allegation (§ 12022.7, subd. (a)) and three deadly/dangerous weapon allegations (§ 12022, subd. (b)). They found appellant not guilty of attempted robbery (§§664/211) and aggravated mayhem (§205) and hung on an attempted murder charge (§§ 664/187).

Three prior felony conviction allegations (§§ 288, subd. (b), 286, subd. (c), and 487, former subd. 2) were bifurcated, jury was waived, all were found true, two as “strikes” (§ 667, subds. (b)-(i)) and five-year priors (§ 667, subd. (a)(1)), all three as state prison priors (§ 667.5). Appellant was sentenced to state prison for 62 years to life.

Appellant’s principal contention is the trial court improperly restricted defense counsel’s examination of the defense psychiatrist. We find this and appellant’s other contentions meritless and affirm the judgment.

Factual Background

It was conceded that appellant had repeatedly bludgeoned Diane T. and her 13-year-old daughter V. As defense counsel stated in his opening…

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