P. v. Hansen
Filed 7/28/06 P. v. Hansen CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ADAM BRICE HANSEN, Defendant and Appellant. | C047476
(Super. Ct. No. 00F01696)
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Defendant Adam Brice Hansen was convicted by a jury in the guilt phase of his trial of first degree murder. (Pen. Code, § 187, subd. (a).)[1] The jury found true the allegation defendant personally used an ax and knife as deadly and dangerous weapons. (§ 12022, subd. (b)(1).) The jury was unable to reach a verdict on the sanity phase of defendant's trial and a mistrial was declared. The issue of defendant's sanity was tried again and the second jury found defendant to be legally sane at the time of the murder. Defendant was sentenced to 25 years to life in state prison, with a consecutive year for the weapon enhancement. On appeal defendant only challenges the sanity portion of his trial. He raises several claims of instructional error and also contends the trial court erroneously excluded his competency trial testimony or in the alternative, counsel was ineffective for failing to impeach the prosecution's expert, Dr. Kenan, with such testimony. Defendant argues cumulative error. We conclude defense counsel was ineffective in failing to use defendant's competency trial testimony to impeach Dr. Kenan and shall reverse the judgment as to the sanity phase of the trial on that basis.
FACTUAL AND PROCEDURAL BACKGROUND
When defendant was approximately 15 years old, he started having difficulties in school. He isolated himself, failed to take care of his hygiene, did not eat properly, and was found to be using drugs, including marijuana and LSD. Defendant ran away from an in-patient drug abuse program. He began recurrently running away from his parents' home in Renton, Washington. He destroyed his guitars, telling his mother â€
