People v. Petronzi CA4/1

INTRODUCTION

Defendant Drake Girard Petronzi, Jr. was charged with one count of

felony child abuse (Pen. Code, § 273a, subd. (a))1 for causing or permitting injury to his severely malnourished three-month-old daughter. Prior to trial, a doubt was declared concerning the defendant’s competence to stand trial. The court held a competency hearing and found he was competent. The case proceeded to trial and the jury found the defendant guilty of the charged offense. It also returned a true finding on a special circumstance allegation that he personally inflicted great bodily injury on a child under the age of five years (§ 12022.7, subd. (d)). After the verdict was rendered, but before sentencing, a doubt was again declared as to the defendant’s competence. The court held a second competency hearing and the defendant was again found competent. Thereafter, the court sentenced the defendant to state prison for a term of 11 years consisting of six years for the child abuse conviction and five years for the great bodily injury enhancement. On appeal, the defendant claims the trial court committed instructional error during the second competency proceeding. He argues the court should have…