P. v. Lammers CA2/3
Defendant Robert Al Lammers, a bipolar methamphetamine addict, was convicted of three counts of premeditated attempted murder and one count of assault after he went on a three-day spree in which he approached Hispanic men in public places, stabbed them with a folding knife, and fled in his car. Though a defense expert testified defendant was delusional at the time, the jury was instructed that it could consider defendant’s mental illness only when deciding whether he acted with intent to kill. Defendant contends this was error because his mental illness was also relevant to whether he premeditated and deliberated the attempted killings. We agree and conclude the error was prejudicial as to count 1 but harmless as to counts 2 and 5. We therefore reverse count 1.
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