(HC) Howell v. Black
Opinion
Trial Court Opinion
STATEMENT OF THE CASE
16 A complaint filed May 13, 2016, charged Howell with carjacking (§ 215, subd. (a)), kidnapping (§ 207, subd. (a)), and criminal threats (§ 422). It was further alleged he had suffered two prior strike convictions (§§ 667, 1170.12), two prior serious felony convictions (§ 667, subd. (a)(1)), and four prior prison terms (§ 667.5, subd. (b).) Before Judge Don Penner, Howell entered a plea of not guilty and denied all enhancements and priors. 20 On September 1, 2016, before Judge Brian Alvarez, Howell changed his not guilty plea 21 to not guilty by reason of insanity (NGI). Judge Alvarez, pursuant to sections 1026 and 1026.2, appointed Dr. Paula J. Willis and Dr. Luis H. Velosa to examine Howell and investigate his mental status. Both Velosa and Willis presented reports concluding that, at the time of the charged offenses, Howell was unable to distinguish right from wrong and was thus legally insane.
On September 14, 2016, Judge Kim Gaab ordered Dr. Stephen Pointkowski to evaluate Howell to determine if he was mentally competent to stand trial, pursuant to section 26
1 The Fifth DCA’s…