People v. Matthews CA4/1

discussion section. 3 § 11351.5 [count 2]), and resisting an officer (Pen. Code, § 69 [count 3]). The

information alleged four drug sales priors and three prison priors. The court granted

Matthews's motion to bifurcate trial of the priors from trial on the charged offenses.

Proceedings were suspended twice in 2014 for competency determinations

(§ 1368), and the trial court found Matthews competent to stand trial both times. On

November 7, 2014, a jury convicted Matthews of all three counts. At a separate hearing,

the court made a true finding as to all four sales priors and all three prison priors alleged

in the information.

B. Assault Case (No. SCD256358)

Matthews was briefly released in May 2014, while proceedings in the drug case

remained pending. Days after his release, on May 30, 2014, Matthews stood in the

middle of the street shirtless, pacing, and growling. He swung a 6-foot pole weighing

between 50 and 75 pounds at passing vehicles and pedestrians and hurled it at a car,

narrowly missing a driver. When San Diego Police arrived, Matthews charged at the

police vehicle, pounded on the window, and tried to lift the front of the vehicle while

making…