Barner

People v. Barner

Good Law
Court of Appeal of CaliforniaMarch 12, 2024C095986California9,831 words

Opinion

Opinion

discussion of the facts supporting the underlying offenses. It suffices to say that for no apparent reason, Barner beat P.S.—a man with cerebral palsy with whom Barner had previously been friendly—into unconsciousness. P.S. described Barner during the incident as “a different person” from the one he knew, and that he “had a blank look in his eyes.” P.S. suffered facial and orbital fractures, significant facial swelling, and lacerations. Barner pleaded not guilty and not guilty by reason of insanity. As required by statute, his trial was bifurcated into a guilt phase followed by a sanity phase. (See Pen. Code, § 1026, subd. (a).) 1 A jury found Barner guilty of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count one) and battery by force resulting in serious bodily injury (§ 243, subd. (d); count two). The jury also found true two special allegations: that Barner personally inflicted great bodily injury (§ 12022.7, subd. (a); count one) and serious bodily injury (§ 1192.7, subd. (c)(8); count two). At the sanity phase, Barner introduced evidence that he was diagnosed with schizoaffective disorder,

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