P. v. Plots
Defendant was charged by information with three counts of lewd and lascivious acts on a child under the age of 14 (Pen. Code, 288, subd. (a)) based on incidents that occurred on two successive nights in 2000 and a third incident that occurred in 2004. The victim was the son of defendants sister, with whom defendant was residing on the occasions in question.
Concerns arose about defendants mental state during his jury trial. The jury ultimately convicted defendant on all three counts. Sentenced to 10 years, defendant appeals, arguing: (1) the court erred in delaying a competency hearing until the end of the trial, (2) the court abused its discretion in having defendant removed from the courtroom, (3) the court erred in permitting an amendment of the information, and (4) instructional error. Court affirm the judgment.
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