Fear Not Law Articles: P. v. Saucedo

P. v. Saucedo

Filed 2/7/07 P. v. Saucedo CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

PAUL TOMAYO SAUCEDO,

Defendant and Appellant.

H029196

(Santa Clara County

Super. Ct. No. CC057550)

Statement of the Case

In March 2000, defendant Paul Tomayo Saucedo was charged with mayhem and assault with a deadly weapon; and it was further alleged that he personally used a deadly weapon and inflicted great bodily injury, previously had suffered three strike convictions and two prior serious felony convictions, and served one prison term. (Pen. Code, §§ 203, 245, subd. (a)(1), 667, subds. (a) & (b)-(i), 667.5, subd. (b), 12022.7, subd. (a), 12022, subd. (b)(1).)[1] Defendant was declared incompetent to stand trial in 2000 and again in 2001. In 2003, after a contested hearing, defendant was deemed competent. Defendant then waived a jury trial, and the court convicted him as charged and found and enhancement allegations true. The court imposed a term of 25 years to life plus an addition and consecutive term of 14 years.

On appeal from the judgment, defendant claims the procedure used to determine whether his competency had been restored denied him a fair trial. He also claims the admission of unreliable hearsay in documentary evidence of his prior convictions violated his constitutional rights to due process and confrontation.

We affirm the judgment.

Facts

On a few occasions,Richard Garcia had told defendant not to drink beer in front of Garcia's house, and he had to do so again on December 22, 1999. A short time later, Garcia was sitting in the passenger seat of a friend's truck in front of his house. Defendant approached and reached inside the truck as if he were going to shake the driver's hand. Instead he said, â€

Description	In March 2000, defendant Paul Tomayo Saucedo was charged with mayhem and assault with a deadly weapon; and it was further alleged that he personally used a deadly weapon and inflicted great bodily injury, previously had suffered three strike convictions and two prior serious felony convictions, and served one prison term. (Pen. Code, SS 203, 245, subd. (a)(1), 667, subds. (a) and (b) (i), 667.5, subd. (b), 12022.7, subd. (a), 12022, subd. (b)(1).) Defendant was declared incompetent to stand trial in 2000 and again in 2001. In 2003, after a contested hearing, defendant was deemed competent. Defendant then waived a jury trial, and the court convicted him as charged and found and enhancement allegations true. The court imposed a term of 25 years to life plus an addition and consecutive term of 14 years. On appeal from the judgment, defendant claims the procedure used to determine whether his competency had been restored denied him a fair trial. He also claims the admission of unreliable hearsay in documentary evidence of his prior convictions violated his constitutional rights to due process and confrontation. Court affirm the judgment.
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