People v. Price CA5

INTRODUCTION

After a jury trial, defendant Cheryl Lynn Price was convicted as charged of count 1, felony assault with a deadly weapon on Matthew Chavez (Matthew) (Pen. Code,1 § 245, subd. (a)(1)); and count 2, misdemeanor resisting a peace officer, Officer Ryan Park (§ 148, subd. (a)(1)), with special allegations for one prior serious felony enhancement (§ 667, subd. (a)), and one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). She was sentenced to the aggregate second strike term of nine years. On appeal, defendant contends the court improperly permitted the victim of count 1, Matthew, to testify without conducting a hearing to determine whether he was competent as a witness. Defendant also contends the court erroneously overruled her objections that 11-year-old Daniel, who was present during the assault and testified for the prosecution, was not competent to be a witness. We will affirm.

FACTS

In November 2009, Patsy Chavez (Chavez) lived in a two-story apartment in Visalia with her 25-year old son Matthew, his girlfriend Nicole (Nicole), and their two young children.2 Chavez and Nicole testified Matthew was diagnosed as mentally retarded and had…