P. v. Hawes
Defendant Terry Ray Hawes sexually assaulted Jane Doe while she was camping near Stinson Beach. A jury found him guilty of multiple offenses in a first trial. Following a mistrial on one count, a second jury found defendant guilty of penetration by a foreign object and with the infliction of great bodily injury. On appeal, defendant contends that the trial court erroneously revoked his self-representation status; abused its discretion by denying a continuance and refusing to order a new competency hearing; and misinstructed the jury. He also argues that retrial of a great bodily injury allegation attached to count 1 was barred by collateral estoppel and double jeopardy. Finally, he contends that the trial court committed various sentencing errors, and that the abstract of judgment must be amended. We agree with the last two contentions in part, but reject the others. We will, therefore, order the abstract of judgment corrected. We will also reverse the judgment and remand the matter for resentencing.
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