P. v. Blades

Filed 7/18/06 P. v. Blades CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County. Michelle R. Rosenblatt, Judge. Affirmed in part, reversed in part and remanded with directions.

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson and Michael W. Whitaker, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant, Paul Jason Blades, pled not guilty by reason of insanity to charges of deliberate and premeditated murder and assault with a firearm while personally using a firearm. The jury convicted appellant as charged and found true the gun use allegations. In the sanity phase of the trial the jury found appellant was sane at the time of the offenses. He appeals his convictions claiming evidentiary and instructional error in the guilt phase of the proceedings requires reversal of the judgment. He also claims the evidence presented at the sanity phase regarding his delusions and psychoses at the time of the crimes was of such weight this court should find he was insane as a matter of law.

We agree with appellant's argument the trial court erroneously denied him presentence conduct credits and accordingly reverse that portion of the judgment. However, we will remand the matter to the trial court to make factual determinations regarding the date on which appellant was declared competent to stand trial and the number of days he was in actual custody thereafter in order to determine the number of days' credit to which he is entitled. We otherwise affirm the judgment in its entirety.

FACTS AND PROCEEDINGS BELOW

Assault With a Deadly Weapon Charge:

In the mid-afternoon of April 14, 1991 Robert Wormald looked out his apartment window in Glendale and saw appellant walking up the street. He watched appellant walk into an alley near the apartment and walk toward the carport. Wormald described appellant as a â€