ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: California Appellate Report

People v. Hendrix (Cal. Ct. App. - Oct. 19, 2020)

By Shaun Martin

ADVERTISEMENTS
In one way, it's a routine offense:  burglary.  But in many ways, it's a strange couple of crimes.  There's clearly something about Mr. Hendrix that is . . . off.

The first crime is at a Costco.  "Appellant was stopped by a Costco employee after he tried to enter the Oxnard store without a membership card. He said his mother was inside and asked to be escorted to her. The employee went with him as he walked through the store, supposedly looking for his mother. When they reached the alcohol section, appellant put a bottle of tequila into his shorts. He left the store with the bottle in his shorts and without paying for it. When confronted, appellant threatened to harm the Costco employee. He was arrested for robbery."

Uh, yeah.  That's not the greatest criminal plan in the universe.  Why it's not easier to attempt to shoplift at a 7-11, or liquor store, or Rite-Aid, is unclear to me.

There's clearly something "off" to the court as well.  "In October 2017, appellant?s attorney declared a doubt as to his competency to stand trial. After evaluation, he was committed to the Department of State Hospitals for treatment. In August 2018, appellant was found competent. He pleaded guilty to one count of second degree robbery. On September 24, 2018, the trial court granted appellant 36 months? formal probation on the condition that he serve one year in county jail with credit for time served. He was then released from custody."

Fair enough.

The second crime is also a bit bizarre.

"At 7 a.m. on October 28, 2018, appellant knocked loudly on the front door and rang the doorbell of a house on Indiana Drive in Oxnard. Artrose Tuano, who lived in the house with his parents was at home and watched the video being recorded by his home security system. He saw appellant walk through a side gate and into the back yard. Appellant tried to open a side door that led to the garage. He also opened a screen door and then tried to force open a sliding glass door leading into the house. When he could not get in the house, appellant sat down on a bench in the backyard. Tuano called the police. Police officers arrived and found appellant sitting in the backyard."

Knocking loudly on random doors at 7:00 a.m. and then just sitting there when he can't get in?  Weird, no?

The court sentences Mr. Hendrix to ten years in prison.  That's a lot.  A huge lot.  The Court of Appeal declares that's not cruel and unusual punishment.  That conclusion isn't surprising at all given the lax doctrinal standards we have for that inquiry.

Still, a decade in prison for weirdly knocking on a door at 7 a.m., trying to get inside, and then sitting on a bench in the back yard when you're unsuccessful?  Wow.  I know it keeps a strange guy off the streets.  But that's really the best our society can do?

Guess so.

Justice Tangeman authors a brief dissent, some of which highlights the weirdness of the present offense.  He says:

"Appellant has a history of mental illness. Indeed, he was found not competent to stand trial in a prior case and was committed to the Department of State Hospitals for almost one full year for mental health treatment. He was released from that commitment only two months before this incident occurred. This is not an insignificant fact, although it is glossed over in the majority opinion.

Moreover, the underlying facts of this case readily show that appellant was not of ?sound mind? on October 28, 2018. After loudly knocking and ringing the doorbell, appellant walked around the house, tried to force open a door and, when unsuccessful, simply sat down in the backyard, and waited. Waited for what? His cousin? Or, as the majority apparently posits, for the police to arrive to arrest him (which conclusion is inconsistent with his surprise at seeing the police). He had no burglary tools when arrested and made no further efforts to enter the house. He simply sat down and waited."

Yep.  Not your usual offense.  Or offender.

But he'll still be spending a decade in prison.

Full post as published by California Appellate Report on October 19, 2020 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0036 secs (from cache 10/31/26 23:44:21)