People v. Henning CA3

BACKGROUND

To facilitate our review, we will incorporate the facts and proceedings from defendant’s previous appeal, People v. Henning, supra, 178 Cal.App.4th at pp. 392-394: “On the afternoon of July 7, 2007, defendant finished a 10-hour session of playing the video game Grand Theft Auto: San Andreas. Grand Theft Auto engages players in ‘missions’ to commit murder, drive-by shootings, burglary, other violent crimes, and theft. A player learns of missions from other characters in the game.

Undesignated statutory references are to the Penal Code.

2 “Defendant was hallucinating while playing Grand Theft Auto. He had been awake for about a week due to his use of crystal methamphetamine. Every day that week, defendant used some combination of methamphetamine, alcohol, Ecstasy, crack cocaine, and hallucinogenic mushrooms. “As he finished playing the video game, defendant imagined voices from a little green person telling him, ‘It’s time to do this. You can do this. Let’s do this.’ He got into his car and drove to a randomly chosen location. “Shortly before 3:00 p.m., defendant walked into the Rocklin Days Inn lobby wearing a black ski mask and gloves, and carrying a sawed-off…