People v. Sprague CA5

INTRODUCTION

Appellant and defendant Harry Glenn Sprague got into a brief argument with the manager of his mobile home park about whether he had to wear a wristband to use the swimming pool and shot both the manager and her husband. He was charged with two counts of attempted murder with firearm enhancements. He pleaded no contest to the charges and admitted the enhancements and pleaded not guilty by reason of insanity. At the jury trial on sanity, one expert testified he was insane at the time he committed the offenses; two experts testified defendant was malingering, he was not insane, and he appreciated the nature and quality of his actions and knew right from wrong when he committed the offenses. The jury found defendant sane. He was sentenced to 14 years to life for the attempted murders plus 50 years to life for the firearm enhancements. On appeal, defendant contends the trial court improperly imposed a criminal protective order prohibiting contact with the victims because the order was not authorized by any statute. Defendant also contends his defense attorney was prejudicially ineffective for failing to request an ability to pay hearing under People v. Dueñas (2019) 30…