“On March 31, 2016, at about 8:00 a.m., Frahs entered a small market in Santa Ana. J. Kim, the store’s owner, refused to sell Frahs a beer; a week earlier Frahs had tried to steal a pack of cigarettes. Frahs went outside of the store and began picking up rocks and throwing them at cars that were passing by. Frahs then reentered the store and walked towards the cooler. Frahs grabbed a can of beer and a can of Red Bull. Kim and his son stood at the front door in order to block Frahs from leaving. Frahs rushed towards the door and tried to push his way through. During the ensuing confrontation, Kim was hit in the head and fell down.” (Frahs I, supra, 27 Cal.App.5th at p. 787.)
1 Further undesignated statutory references are to the Penal Code.
Trial Court Proceedings
“Frahs testified in his own defense. Frahs said that in his early 20s he began hallucinating and experiencing delusions (he was 30 years old at the time of the trial). Frahs said that he thought his computer hard drive and birds were talking to him. Frahs testified that he has been hospitalized about eight times. Frahs said that he had been homeless for about two years, and every time he has been in trouble with the law it was due to his mental health issues. Frahs testified that just before entering the market, he thought an angel had flown by on a horse and talked to him.
“Dr. Richard Lettieri, a clinical and forensic psychologist, testified that he had reviewed a report from a hospital where Frahs had been confined. Lettieri said that most psychiatric patients are temporarily confined for only three to 14 days to stabilize them on medication; however, Frahs had been confined for about four months, which indicates that Frahs had been very ill and very unstable. Lettieri testified that Frahs had been diagnosed with schizoaffective disorder, which is ‘a combination of schizophrenia and bipolar disorder.’ Lettieri said that Frahs had been prescribed various medications over the years to include ‘antidepressants, mood stabilizers, and antipsychotics.’
“The jury found Frahs guilty of the two second degree felony robbery counts and a lesser-included misdemeanor charge....... The court imposed a prison
sentence of nine years, which included a sentence enhancement (low term doubled) for the alleged prior strike conviction [assault with a deadly weapon].” (Frahs I, supra, 27 Cal.App.5th at pp. 787-788.)
