P.
P. v. Hardy CA2/1
Opinion
Opinion
Johnson, J.
BACKGROUND
An information filed August 12, 2009 charged Hardy with attempted premeditated murder in violation of Penal Code1 sections 187, subdivision (a), and 664; torture in violation of section 206; and aggravated mayhem in violation of section 205, all in regard to Alafia Robinson. As to all three counts, the information alleged that Hardy inflicted great bodily injury on Robinson. The information also alleged that Hardy had three serious or violent felony convictions under sections 667, subdivisions (b)-(i), and 1170.12, subdivisions (a)-(d) (the “Three Strikes” law), and three prior serious felony convictions under section 667, subdivision (a)(1). Hardy pleaded not guilty and denied the special allegations. He later withdrew his plea and pleaded not guilty and not guilty by reason of insanity. The trial court appointed experts to examine Hardy for legal insanity. Hardy waived a jury trial on the issue of his sanity, and his motion to bifurcate the enhancement allegations was granted. After trial, the jury found Hardy guilty on all counts and found true the great bodily injury allegation. After hearing the evidence in a bifurcated proceeding, Hardy admitted the truth of the…