People v. Johnson

Good Law
1 Cal. Rptr. 2d 252·1991 Cal. App. LEXIS 1265·235 Cal. App. 3d 1157·91 Daily Journal DAR 13532·91 Cal. Daily Op. Serv. 8825
Court of Appeal of CaliforniaOctober 31, 1991No. F014161California1,911 words

Opinion

Lead Opinion

Best, J.

—Defendant, Melodie Gail Johnson, was convicted by plea of guilty to kidnapping (Pen. Code, 1 § 207, subd. (a)) and concealing and detaining a minor child (§ 278) and sentenced to eight years in state prison. She now appeals contending the trial court did not have jurisdiction to take her plea, nor to sentence her, because of its failure to determine her competency to stand trial pursuant to section 1368. We will reject defendant’s contention and affirm.

Summary of Facts

Defendant does not raise any issues concerning the underlying facts, so a brief summary of the crime will suffice. On June 3,1989, defendant received permission from her neighbor to take the neighbor’s five-year-old child shopping. Instead she took the child to Los Angeles for several days. She subsequently surrendered herself and the child to a sheriff’s deputy. She said voices had told her to take the child.

Procedural History

On August 17, 1989, defendant was arraigned. At the request of Deputy Public Defender John M. Ulman II, the court appointed Dr. Luis Velosa to *1160 examine defendant pursuant to Evidence Code section 1017, subdivision (a). Throughout these proceedings the confidential nature…

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