Filed 8/27/26 P. v. Hart CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H053258
(Monterey County
Plaintiff and Respondent, Super. Ct. No. 23CR003804)

v.

KEVIN DURRAN HART,

Defendant and Appellant.

Defendant Kevin Durran Hart appeals a judgment entered after a jury
found him guilty of first degree murder (Pen. Code,1 § 187, subd. (a), 189).
Appointed appellate counsel for Hart filed a brief asking this court to
review the record to determine whether there are any arguable issues. (See
People v. Wende (1979) 25 Cal.3d 436 (Wende).) Hart was advised of the right
to file a supplemental brief but has not filed any brief.
Finding no arguable error that would result in a disposition more
favorable to Hart, we affirm the judgment.

1 All further unspecified statutory references are to the Penal Code.
 I. FACTS AND PROCEDURAL BACKGROUND
A. Charges
On January 24, 2024, the Monterey County District Attorney filed an
information alleging that on May 5, 2023,2 Hart committed a deliberate and
premeditated murder (§§ 187, subd. (a), 189; count 1) and misdemeanor
resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1), count 2).
The information additionally alleged as to count 1 that Hart personally used
a dangerous or deadly weapon (a glass tabletop) in the commission of the
charged offense (§ 12022, subd. (b)(1)).
B. Pretrial Proceedings
On January 26, 2024, Hart entered pleas of not guilty by reason of
insanity to counts 1 and 2. A few weeks later, Hart withdrew those pleas.
On September 4, 2024, Hart’s defense counsel expressed doubt about
Hart’s mental competency pursuant to section 1368. The trial court
suspended the proceedings and referred Hart for an examination by a
psychologist pursuant to section 1369.
On September 18, 2024, upon consideration of a psychologist’s report
opining that Hart is competent, the trial court found Hart competent to stand
trial.
In March 2025, the prosecutor indicated that he intended to proceed to
trial solely on a theory of first degree felony murder occurring during the
commission of a burglary and mayhem.
On March 17, 2025, upon the prosecutor’s request, the trial court
struck the word “ ‘premeditation’ ” from count 1 of the information.
Additionally, the court granted the prosecutor’s motion to dismiss count 2,
which eliminated the potential for evidence or argument regarding alleged

2 Unless otherwise indicated, all dates were in 2023.

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police misconduct during Hart’s arrest. The court also heard argument and
ruled on the parties’ in limine motions.
C. March 2025 Trial
At trial, the parties stipulated to the following: “On May 2nd, 2023, at
approximately 7:20 [a.m.], Kevin Hart was transported via ambulance to the
emergency department at the Community Hospital of the Monterey
Peninsula due to seizure activity. Mr. Hart was treated at Community
Hospital. He presented as somnolent, abnormally drowsy[,] and disoriented.
[¶] While in the emergency department, Mr. Hart was given medications
that are used to treat seizure disorders. [¶] Mr. Hart was discharged from
the Community Hospital at 1:22 [p.m.] on May 2nd, 2023.”
The prosecution’s evidence established the following:
Around 4:00 p.m. on May 5, Seaside Police Department Officers David
Dillon and Isaiah Madolora responded to an incident at victim Jackie
Robinson’s residence.3 When the police arrived, Hart’s mother was outside
the residence. The officers saw blood on the outside of Robinson’s front door.
They knocked on the door. Hart eventually opened the door. He immediately
dropped to his knees. He had blood on his hands and clothes, and a blank
stare and confused look on his face. The officers heard labored breathing
inside the apartment and found Robinson lying on the floor with “a lot of
blood around her.” Emergency medical personnel eventually took Robinson
to the hospital.
The police officers arrested Hart and “read him his Miranda rights.”
Hart told Officer Madolora that Robinson had been on the phone with Hart’s
mother and “started lying to [his] mom,” so Hart “slapped [Robinson] for
what she said. Straight up.” Hart then “[k]ept hitting [Robinson], kept

3 Robinson was the mother of Hart’s girlfriend.

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hitting her.” Hart also hit Robinson with a table. In addition, Hart said to
Officer Madolora, “Just take me somewhere and shoot me it’s cool. I already
know.” Officer Madolora testified that Hart did not appear to be intoxicated.
Later that night, Detectives Gabriel Suarez and Jacob Sweyd
interviewed Hart at the police station. The detectives provided Miranda
warnings, and Hart agreed to talk to the detectives. Hart stated that he had
been staying over with his girlfriend at Robinson’s home. After his girlfriend
left the home due to an unrelated medical issue, Hart “ended up finding out
[his] stepdad” “was fucking with [] four of these girls he got in there [sic].”
Hart spoke to his stepfather outside the residence (before Hart attacked
Robinson). Hart believed his stepfather had a pistol and would have choked
Hart from behind if Hart had gotten into the front passenger seat of Hart’s
mother’s car.
Hart explained to the detectives that he “tore [Robinson’s] face off”
because he was “mad” at his girlfriend and wanted to talk to her to find out
“ ‘[w]hat the hell is going on.’ ” Hart believed his girlfriend had had sex with
another man. He wanted to get back at his girlfriend, but she was not then
present. Hart explained, “So it was kind of like, I’m, I’m going to [do] the best
next thing. And I hurt [Robinson]. So she was there and [] that’s what I
swear it was. But I didn’t mean to do that, though. I didn’t. I [] was mad. I
was mad. I was mad. And all that anger came out, you know what I mean.”
Hart added about his girlfriend, “[s]he’s not there. So . . . I’ll get your mama.
You gonna learn. You gonna definitely learn your lesson here.” Hart stated
that he got “hold” of Robinson’s face, pulled about “150 times,” and stopped
when his hands got tired. He also hit Robinson, including with a tabletop.
While hitting Robinson, Hart heard someone at the door. He opened the door
but did not see anyone, so he continued hitting Robinson.

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 During the police interview, Detective Suarez offered Hart an
opportunity to write a note to Robinson. Hart declined saying Robinson was
“not gonna be able to see” a note because he had pulled out one of her eyes
and tried to pull out the other.
Robinson died the next day (May 6). Forensic pathologist Dr. Venus
Azar concluded that Robinson died from strangulation and blunt force head
trauma. Dr. Azar explained, inter alia, that Robinson’s left eye was torn out,
her right eye was damaged, and her left jawbone and right cheekbone were
fractured. Robinson’s lips had extensive lacerations, her right ear was
partially torn off, and her face was lacerated in several places. The evidence
of manual strangulation included contusions to Robinson’s neck muscles, an
injury at the base of her tongue, fractures to her hyoid bone and larynx
horns, and injuries to the vessels that supply blood to her brain. The
combination of strangulation and brain swelling caused Robinson to suffer
several strokes.
At the close of the prosecution’s evidence, the trial court denied Hart’s
motion for judgment of acquittal under section 1118.1.
Hart’s mother, stepfather, and a psychiatrist (Dr. Manuel Saint
Martin) testified in Hart’s defense.4
Hart’s mother testified that Hart had been in a relationship with his
girlfriend for about 12 years. Hart began having seizures in 2009. When he
had a seizure, he became agitated, urinated on himself, and sometimes had
convulsions. Hart’s demeanor would also swing rapidly between emotional
extremes.
On May 5, Hart’s mother and stepfather arrived at Robinson’s home, as
planned, to pick up Hart. Hart’s mother noticed that Hart had the “blank

4 Hart elected not to testify.

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stare” that he would sometimes have “when he was having a seizure.” Hart
also “was very agitated” and wanted to fight his stepfather. Hart’s mother
“had to grab [Hart] up in his chest and tell him that he wasn’t gonna fight
[her] husband, and that [she] was his mother and that [she] wasn’t gonna
have that.” Hart’s mother asked Robinson to call the police and told her
husband to leave the area.
Hart’s agitation subsequently subsided “a little bit” and he sat down on
a curb. Hart’s mother left to check on her husband. When Hart’s mother
returned to Robinson’s home, she saw the front door slam shut. Hart’s
mother went to the door and tried to open it, but it was locked. She heard
Robinson screaming inside. Hart’s mother then saw a postman nearby and
asked him to call the police.
Hart’s stepfather testified that he had known Hart (who was then 47
years old) for 37 years. Hart began having seizures about 15 years earlier.
After that, Hart’s behavior changed. “[H]e was a whole lot more agitated.
Very easily agitated. He slept a whole lot. He wouldn’t eat.” When having a
seizure, Hart exhibited a blank stare, agitation, and irritation. These
behaviors varied in length; Hart sometimes exhibited the behaviors for hours
or even a few days. Hart once punched his stepfather.
On May 5, Hart’s stepfather (and mother) arrived outside Robinson’s
home and saw Hart walking a dog. Hart had “that blank stare” and was
agitated. As they loaded Hart’s belongings into the car, Hart objected to
sitting in the front passenger seat. Hart also “came at [his stepfather] and
his mother grabbed him.” Hart’s stepfather walked away, leaving Hart with
his mother and Robinson.
Dr. Saint Martin testified as an expert in clinical psychiatry and
neurology. Dr. Saint Martin conducted a clinical evaluation of Hart and

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evaluated an MRI of Hart’s brain. Dr. Saint Martin concluded that Hart has
brain damage in the right cerebellum, which has caused both a “partial
seizure disorder and psychosis.”
Dr. Saint Martin explained that a partial seizure affects “only some of
the person’s functioning.” Although a person’s eyes may be open and they
may still be “in contact” with their environment during the seizure, “their
brain is not processing information and they may have unusual behavior.”
The person “typically will have an absence of a facial expression and they
appear to be staring out into space.”
Dr. Saint Martin explained that “psychosis is when the individual is
not in touch with reality.” Psychosis typically manifests as information
processing deficits, disordered perception, hallucinations, or paranoia.
There are three stages to a seizure: the “aura” or build-up to a seizure,
the seizure itself, and the “postictal” or post-seizure phase. With a partial
seizure, it is difficult to “tell just by looking when one stage ends and the next
one begins.” Generally, the aura lasts between a few minutes and a few
hours; the seizure is relatively short; and the postictal stage can last between
a few hours and two weeks. During the postictal stage, a person has not yet
returned to normal “baseline” functioning. If a person suffers from psychosis,
their psychotic symptoms may be exacerbated during the postictal stage.
Dr. Saint Martin explained that there is very low correlation between a
seizure disorder and violence. In cases where a person engages in violent
behavior, it most often occurs in the postictal stage.
On cross-examination, Dr. Saint Martin acknowledged that a person
with “brain damage could just think their girlfriend’s cheating on them and
become filled with rage” unrelated to “any kind of brain malfunction.” Dr.

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Saint Martin further agreed that “someone who has seizures can also at some
point have a violent outburst that’s not associated with a seizure in any way.”
After the close of evidence, the trial court instructed the jurors on, inter
alia, first degree felony murder (CALCRIM No. 540A), mayhem (CALCRIM
No. 801), burglary (CALCRIM No. 1700), assault with force likely to produce
great bodily injury (CALCRIM No. 875), and mental impairment as related to
specific intent (CALCRIM No. 3428).
In his closing argument, the prosecutor argued, inter alia, that Hart
committed burglary when he entered Robinson’s home intending to seriously
hurt Robinson. The prosecutor further noted that he had “made a point [of]
showing the blood on the outside of the door” and argued that “even if for
some reason . . . [the jurors] were to believe that when [Hart] went in he
hadn’t decided [to seriously hurt Robinson], that he came up with that
decision while in the house, if he leaves and goes back in to complete the job,
that entry at that point is the burglary.” Hart’s defense counsel made no
objections during the prosecutor’s closing arguments.
The defense argued to the jurors that Hart did not commit burglary
because he entered Robinson’s home in retreat from his stepfather and did
not intend to commit an assault when entering. The defense further argued
that Hart did not commit mayhem because he did not have the specific intent
to maim Robinson prior to the attack.
During jury deliberations, the jurors asked for a readback of Dr. Saint
Martin’s testimony and whether burglary required “full body crossing of the
threshold of the door” or just “partial-body crossing.” (Underscoring &
capitalization omitted.) The court provided the requested readback and
instructed the jurors further as follows: “Under the law of burglary, a person

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enters a building if some part of his or her body penetrates the area inside
the building’s outer boundary.”
On March 28, 2025, the jury found Hart guilty of first degree murder
and found the deadly weapon enhancement allegation proven.
D. Sentencing
On May 7, 2025, the trial court sentenced Hart to a term of 25 years to
life in prison for first degree murder (count 1) consecutive to a one-year term
for the deadly weapon enhancement. The court awarded 734 actual days of
custody credits and 0 days of good/time work time credits, for a total of 734
days. The court imposed a restitution fine of $300, a parole revocation
restitution fine of $300, suspended, a $40 court operations assessment, and a
$30 court facility assessment. The court ordered Hart to pay $13,269.08 in
victim restitution.
That same day, Hart timely appealed the judgment of conviction.
II. DISCUSSION
We have reviewed the record under Wende, supra, 25 Cal.3d 436 and
People v. Kelly (2006) 40 Cal.4th 106. Having undertaken an examination of
the entire record, we find no arguable error that would result in a disposition
more favorable to Hart. We therefore affirm the judgment.
III. DISPOSITION
The judgment is affirmed.

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 ______________________________________
Danner, J.

WE CONCUR:

____________________________________
Greenwood, P. J.

____________________________________
Grover, J.

H053258
People v. Hart