P. v. Dean CA4/1
A jury found David Anthony Dean guilty of two counts of assault with a deadly weapon (Pen. Code, § 245; count 1 [Victim 2], count 2 [Victim 1]) and burglary (§ 459; count 3) and found true an allegation he entered a residence where another person, other than an accomplice, was present during the commission of the burglary (§ 667.5, subd. (c)(21)) for breaking into the home of his relatives and assaulting Victim 1 and Victim 2 with a metal pipe. In the sanity phase of trial, the jury found Dean legally sane at the time he committed burglary (count 3) and assaulted Victim 1 (count 2), but the jury could not reach a verdict about Dean's sanity at the time he assaulted Victim 2 (count 1). The trial court granted Dean's motion for new trial on the issue of sanity after concluding the jury did not give proper weight to the testimony of two court-appointed psychologists who both opined Dean was not sane at the time he committed the charged crimes.
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