P. v. Hubbard
A jury convicted defendant Dwayne Hubbard of one count of assault with intent to commit sexual penetration by a foreign or unknown object (Pen. Code, 220, 289, subd. (a)(1)),[1]and one count of attempted kidnapping. ( 664/207, subd. (a).) In a bifurcated trial, the trial court found true an allegation that defendant had a prior conviction within the meaning of sections 1170.12 and 667, subdivision (a) for a lewd act upon a child. Defendant was sentenced to 13 years in state prison.
Defendant argues the trial court erred when it improperly denied his request to suspend the trial and initiate proceedings to determine his mental competence and improperly granted the prosecutors motion to amend count one of the information. He also argues there was insufficient evidence that he intended to commit sexual penetration by a foreign or unknown object when he assaulted the victim. Court affirm the judgment.
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