People v. Truong CA6

I. Background

The crimes occurred on six separate occasions over an 18-month period. Defendant, who was 53 years old when he committed the first robbery in the series, pointed a gun and sometimes also pepper spray at the victims and took cell phones and/or cash from them. On one occasion, he threatened to shoot the victim. On another occasion, he displayed a badge, claimed to be a police officer, and was openly carrying both pepper spray and handcuffs. On a different occasion, he fired multiple “plastic pellets” from his gun and “deployed” pepper spray at the victims. Defendant was apprehended as he tried to flee from the final robbery. An “air soft gun” and “mace” were found at the scene. Defendant told the police that he “had ‘mental problems’ and could not control himself.” In April 2013, the court granted a request by the defense for appointment of a psychotherapist to examine defendant. Dr. John Chamberlain examined defendant. Defendant told Chamberlain that he had been taking “mental health medications” on a daily basis before he was arrested. These medications had been prescribed to him by a psychiatrist whom he had been seeing regularly for a decade. He had also been…