People v. Brooks CA1/4

I.

INTRODUCTION

Appellant Anthony Ray Brooks, Sr. was convicted of assaulting Frank McCormick with a deadly weapon and sentenced to an eight-year prison term. He seeks reversal of the judgment on two grounds: (1) prosecutorial misconduct; and (2) failure to conduct a hearing regarding his mental competence to stand trial. We affirm.

II.

STATEMENT OF FACTS

The incident that gave rise to this case occurred between 1:00 and 2:00 a.m. on the morning of January 9, 2012, at Max Auto Top Shop in Vallejo, a car wash, upholstery shop, and makeshift residence where people paid to live, squatter style. That morning the shop’s residents included appellant, Frank McCormick, Dale Nance, and Charles “Mike” Kester. Appellant’s cousin “Ray-Ray” was also at the shop with his dog. McCormick and Kester testified about the incident at trial.

1 McCormick testified that he and his roommate Nance were laying on their respective couches watching television and appellant was in the next room talking with Kester. Then Ray-Ray came into their room and McCormick told him to get his dog out of the shop. Suddenly appellant charged in and attacked McCormick, hit him several times with a paint pole, stabbed…