Leavel

A jury found Joseph Monroe Leavel guilty of residential robbery (Pen. Code, § 211; count 2), 1 grand theft of a firearm (§ 487, subd. (d)(2); count 3), false imprisonment (§ 236; count 4), making criminal threats (§ 422; count 5), kidnapping to commit robbery (§ 209, subd. (b)(1); count 7), burglary (§459; count 8), and being a felon in possession of a firearm (former § 12021, subd. (a)(1); 2 count 10). 3 The jury rejected Leavel’s plea of not guilty by reason of insanity. He admitted three prior convictions within the meaning of the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and the court denied his motion to strike them (§ 1385). The court sentenced Leavel to consecutive prison terms of 25 years to life on counts 2, 5, 7 and 10, and a one-year enhancement on each of two prior prison terms (§ 667.5, subd. (b)), for a total of 102 years to life. The court stayed consecutive sentences of 25 years to life on counts 3, 4 and 8.

On appeal, Leavel contends the trial court erred by not appointing a second mental health professional under section 1027 to examine him with respect to his insanity defense; denying his motion for a mistrial after a…