203 Cal. App. 4th 823
Cal. Ct. App.2012Background
- Leavel was convicted by jury of multiple crimes including residential robbery, grand theft of a firearm, false imprisonment, making criminal threats, kidnapping to commit robbery, burglary, and being a felon in possession of a firearm; the jury found insanity defense not proven and he admitted three prior strikes; the court sentenced him to 102 years to life with some counts stayed; appellant challenged 1027 appointment, mistrial ruling, and failure to strike prior strikes; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Section 1027 appointment requirement | Leavel argues two doctors required, not one. | Leavel did not request additional examiner; delay argued. | Waived; court properly declined error due to lack of timely request. |
| Mistrial due to DNA custody testimony | Deputy’s detention center remark prejudiced jury. | Remark curable by admonition; overwhelming evidence. | Abuse of discretion; denial of mistrial affirmed. |
| Failure to strike prior strike convictions | Romero discretion should strike priors. | Court considered factors; no extraordinary circumstances. | No abuse; court did not err in refusing to strike. |
| Sufficiency of evidence for kidnapping for robbery | Movement of victim during robbery supported asportation. | Movement was incidental. | Evidence supports two-prong analysis; conviction sustained. |
Key Cases Cited
- People v. Richardson, 192 Cal.App.2d 166 (Cal. Ct. App. 1961) (alienist appointment not mandatory absent request)
- People v. Wiley, 111 Cal.App. 622 (Cal. Ct. App. 1931) (alienist examination not jurisdictional, may be waived)
- People v. Norton, 138 Cal.App. 70 (Cal. Ct. App. 1934) (alienist exam practice discretionary)
- Centeno v. Superior Court, 117 Cal.App.4th 30 (Cal. Ct. App. 2004) (section 1027 examinations initiated at defendant’s behest)
- People v. James, 148 Cal.App.4th 446 (Cal. Ct. App. 2007) (movement not incidental; requires substantial relation to robbery)
- People v. Power, 159 Cal.App.4th 126 (Cal. Ct. App. 2008) (risk-of-harm and increased danger in kidnapping for robbery)