People v. Huffman CA4/2

I.

INTRODUCTION

While E.B. was pushing a shopping cart to a parking lot cart corral, defendant and

appellant George David Huffman jumped into the driver’s seat of E.B.’s car and drove

away. He then crashed into D.A.’s car, seriously injuring D.A. and his wife. A draw of

defendant’s blood revealed that he had a blood alcohol content level well above the legal

limit. A jury convicted defendant of various offenses and the trial court sentenced him to

almost 12 years in prison.

Defendant contends the trial court erroneously denied his request for counsel on

the first day of trial, improperly excluded three of his experts, and failed to instruct the

jury on lack of consciousness. He argues these errors individually and cumulatively

require reversal. He also argues he is entitled to a mental health diversion, and that he is

entitled resentencing under newly enacted legislation. We agree that defendant is entitled

to resentencing, but reject defendant’s remaining contentions and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was in the Riverside County Sheriff’s custody for about a week in

February 2016. While in custody, defendant did not receive…