People v. Smith CA2/3

BACKGROUND

Following a June 2020 altercation at the board and care facility where Smith resided, the People charged him with two counts of assault with a deadly weapon. The People further alleged Smith had suffered three prior strikes. (§§ 667, subds. (a)(1), (d), 1170.12.) The evidence at trial established that Smith threatened to kill the owner of the board and care facility while holding a knife. He then used the knife to slash the chest of another elderly resident who intervened. On appeal, Smith raises no issues requiring a detailed exposition of the facts of the case. We therefore turn to the relevant procedural history. Smith was arrested on June 9, 2020. On June 10, he appeared for arraignment, represented by appointed counsel. As discussed in more detail below, before and during the early stages of trial, the sheriff’s department required that Smith sit on a gurney while being transported and while attending court proceedings, due to his weight. Smith was estimated to weigh between 400 and 600 pounds.

1All further undesignated statutory references are to the Penal Code.

2 On July 16, the matter was called for a preliminary hearing and a different attorney appeared on…