People v. Mazyck CA2/3

BACKGROUND

Viewed in the light most favorable to the judgment (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the trial evidence disclosed at approximately noon on September 30, 2011, Nobbs and a friend, A., were sleeping behind a curtain inside the grounds of a gated, abandoned Inglewood residence. Nobbs awoke to hear a lighter flicking on and off. She pulled aside the curtain. Appellant stood there naked with a crack pipe and a lighter in his hands. He demanded Nobbs suck his “dick.” Nobbs refused. At trial, Nobbs and A. testified they did not know appellant and had never seen him before. When Nobbs refused, appellant started punching Nobbs in the face with his fists. She slipped and fell face down on the ground. Appellant straddled and sat on her. He told her she was going to “suck his dick” or he would beat her. He pummeled her, then

personnel concluded appellant was malingering to such an extent that hospital personnel could not determine whether appellant was mentally ill, as well as malingering. On March 9, 2012, Patton State Hospital certified appellant was restored to competency. On August 28, 2012, the trial court in Department 95 found appellant competent to stand…