P. v. Chu
On September 20, 2011, the Fresno County District Attorney filed a felony complaint charging defendant Tony Chu with attempted murder (Pen. Code,[1] §§ 187, subd. (a), 664) with personal use of a knife (§ 12022, subd. (b)(1)) (Count 1), and mayhem (§ 203) by behavior that “split the ear of … a human being†(Count 2). On September 18, 2011, defendant pled not guilty to both counts and denied the enhancement allegation. On September 28, 2011, defendant pled not guilty by reason of insanity, and the trial court suspended criminal proceedings and appointed two psychologists to evaluate him. In his report, one of the psychologists, Robert Taylor, included a summary of the incident as reported to a Fresno police officer: the victim told Officer Ressler that the defendant approached the victim’s work station, produced a butcher knife, and placed it to the victim’s throat. The victim ran outside. Defendant chased him. Defendant “then … bit the ear of the victim, causing the injury ….â€
On December 19, 2011, the trial court received, considered, “incorporate[d] into the file and [made] part of the record,†the reports of both psychologists. The trial court found defendant not guilty by reason of insanity. Defendant then withdrew his not guilty plea, pled guilty to count one with the enhancement, and pled guilty to count two.
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