P.
P. v. Downing CA2/5
Opinion
Opinion
Facts The relevant events took place on August 4, 1996.2 Nineteen-year-old Jeannette Castellanos had a cat named Princess. Jeannette wanted to lend the cat to her sister, who was visiting, so that her sister's daughters could play with it. Jeannette put Princess in a cardboard box and put the box in her sister's truck. As Jeannette's sister started to drive away, Princess got out of the box and jumped onto one of the children. Both the child and the cat cried.
All further statutory references are to the Penal Code unless otherwise indicated. The case was called for trial in April of 1997, but the court declared a doubt about appellant's mental competency. The case was again called in July of 1997, at which point the court found that appellant had regained his competence. Trial took place in September of 1997. Notice of appeal was timely filed, but the appeal was not prosecuted and was dismissed. Remittitur was issued in December 1998. Appellant spent the next several years in Atascadero State Hospital for mental health treatment, then was returned to the general prison population with continued treatment. He then sought to recall the remittitur, and to…