The opinion of the court was delivered by: Nicholson ,j.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Douglas Dwayne Girley appeals following a conviction for attempted premeditated murder of his wife (Pen. Code, §§ 187, 664*fn1 ), infliction of corporal injury on a spouse (§ 273.5, subd. (a)), and assault by force likely to produce great bodily injury (§ 245, subd. (a)(1)). Defendant contends the trial court erred in (1) failing to order a second competency hearing (§ 1368) after defendant jumped out of the jail's second story window and (2) removing defendant from the courtroom during closing arguments for disrupting the proceedings. Defendant also seeks correction of sentencing errors conceded by the People. We modify the judgment to correct the sentencing errors and affirm the judgment as modified.
The People charged defendant with (1) corporal injury to a spouse (§ 273.5, subd. (a) -- count 1), (2) assault by means of force likely to produce great bodily injury or with a deadly weapon (§ 245, subd. (a)(1) -- count 2), and (3) attempted premeditated murder of his wife (§§ 187, 664 -- count 3). The pleading also alleged personal infliction of great bodily injury (§ 12022.7, subd. (e)), personal use of a deadly weapon (tire iron) (§ 12022, subd. (b)(1)), and prior conviction and prior serious felony for a 1999 assault with a deadly weapon (§§ 245, subd. (a)(1), 667, subds. (a), (d), 969, 969f, 1170.12, subd. (b).)
On December 30, 2008, the trial court suspended the proceedings for an evaluation of defendant's competence to stand trial. (§§ 1367, 1368.) On February 5, 2009, the trial court found defendant competent to stand trial.
Evidence at trial included the following:
After approximately 16 years of marriage, defendant's wife, Gwendolyn Taylor-Girley (the victim), wanted a divorce. Defendant did not. They argued. On October 20, 2008, defendant hit the victim with a tire iron in their garage and choked her with his hands. The victim suffered a skull fracture, a head laceration requiring approximately 30 staples, two fractured index fingers, bruises, and a recurring problem with double vision.
The next day, defendant left a message on the victim's voicemail, stating: "In case you lived through that trauma, I was trying to make sure you was [sic] dead and I was going to be dead right along with you, but you lived through it, and you'll see me at my funeral because I'll be the one dead. Forced me over the edge, now I got to go ahead and finish what I started. And likely, you was involved in this death right now. I couldn't take it no more, with you bitch slapping me over and over again, you couldn't leave well enough alone. Now I got to go ahead and finish off my life, thinking we was going to be buried together, death do us part."
Defendant testified at trial and claimed the victim is bipolar and prone to hallucinations. Defendant's version of events was that the victim was startled by his presence in the garage, lost her balance, and hit her head. He panicked and ran. He left the voicemail message because he was "out of [his] mind." He swallowed a bottle of sleeping pills, awoke in a hospital, and fled for fear of being sent to a mental hospital. Defendant acknowledged he pleaded guilty in 1999 to holding a gun on his wife, though he claimed it never happened and he was talked into the plea.
The jury found defendant guilty on all counts and found true the enhancement allegations.
On July 20, 2009, the trial court sentenced defendant to an indeterminate term of 14 years to life for attempted murder and a determinate term of 10 years for the enhancements (to be served before the indeterminate term). The trial court also sentenced defendant to 18 years on count 1 (spousal injury) and 17 years on count 2 (aggravated assault) but stayed those sentences under section 654.
Defendant contends the trial court erred by failing sua sponte to conduct a second competency hearing (§ 1368) after defendant jumped from a ...