P. v. Henry CA2/3
Defendant Desmond A. Henry was convicted of six offenses related to the late-night robbery and beating of a shop owner. On appeal, defendant contends that there is insufficient evidence he acted for a sadistic purpose; that there is insufficient evidence to support the court’s conclusion defendant was competent to stand trial; and that we must strike his conviction for battery with serious bodily injury (count 8) because it is a lesser-included offense of simple mayhem (count 9). Defendant also asks us to review the in camera proceedings conducted by the trial court pursuant to his motion for production of documents under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) and to review the restitution proceedings under the procedures in People v. Wende (1979) 25 Cal.3d 436.
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