People v. Baymiller CA3

FACTS AND PROCEEDINGS

Defendant was charged with the murder of his father in violation of section 187, subdivision (a) along with a special allegation that he personally and intentionally discharged a firearm resulting in great bodily injury in violation of section 12022.53, subdivision (b). Having pleaded not guilty and not guilty by reason of insanity, he later withdrew his not guilty plea and the court, then having before it only defendant’s not guilty by reason of insanity plea, declared that the guilt of the defendant to the charges had been established. Prior to trial on defendant’s plea of not guilty by reason of insanity, he waived his right to a jury trial. The matter proceeded to a court trial and the court found that defendant did not prove by a preponderance of the evidence that he was insane at the time he killed his father and, thus, found defendant guilty as charged. Defendant was sentenced to 15 years to life plus 10 years. The parties stipulated to the following facts which were set forth in the Tehama County Sheriff’s Department’s report of the incident. On the afternoon of September 4, 2008, defendant shot and killed his 89-year-old father. Defendant then drove…