People v. Sims CA4/2

STATEMENT OF THE CASE

A. CASE NO. FWV1200924 (FIRST CASE)

On June 13, 2012, an information charged defendant and appellant Damon

1 Algernon Sims with attempted second degree robbery under Penal Code1 sections 664

and 211 (count 1); and assault with a firearm under section 245, subdivision (a)(2) (count

2). The information also alleged that as to both counts, defendant personally used a

firearm, a handgun under section 12022.53, subdivision (b), causing the offenses to be

serious and violent crimes under sections 1192.7, subdivision (c)(8), and 667.5,

subdivision (c)(8); and as to count 2, defendant personally used a firearm under section

12022.5, subdivisions (a) and (d). The information further alleged that defendant was

eligible for state prison under section 1170, subdivision (h)(3).

On October 12, 2012, after defense counsel declared doubt regarding defendant’s

present mental competence, the trial court suspended criminal proceedings and appointed

a medical expert to evaluate defendant’s competence to stand trial. On January 4, 2013,

after receiving a medical report, the court found defendant mentally competent to stand

trial.

On January 29, 2013, at a…