P. v. Roush
A jury found defendant Cody James Roush guilty of two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a); counts one and two)[1] and found true allegations defendant inflicted great bodily injury in the commission of the assaults (§12022.7, subd. (a)). The trial court sentenced defendant to 11 years in state prison, consisting of 4 years on count one, a consecutive 1 year (one-third the middle term) on count two, and a consecutive 3 years on each of the great bodily injury enhancements. Immediately thereafter, defendant pleaded no contest to two counts of resisting an executive officer (§ 69) in an unrelated matter in exchange for the dismissal of the remaining charges, and the trial court sentenced him to 8 months in state prison on each count to run consecutive to the term imposed on the assaults, for an aggregate prison term of 12 years and 4 months.
Defendant, who represented himself at trial and sentencing, appeals, contending the trial court erred in failing to conduct a second competency hearing to determine his competence to stand trial, allowing him to represent himself without considering whether he was competent to do so, and imposing a full three-year term for the great bodily injury enhancement on the second assault. He also asserts the prosecutor prejudicially erred by appealing to the jury’s passions and asking the jury to draw inferences based on defendant’s self-representation.
We shall conclude the trial court erred in imposing a full three-year term for the great bodily injury enhancement appended to count two, modify the judgment to reflect defendant was sentenced to one year (one-third the middle term) for that enhancement, for an aggregate term of 10 years and 4 months in state prison and affirm the judgment as modified.
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