P. v. Sargeant 3/29/07 CA1/3

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A112220

Case Date: 06/13/2007

Preview:Filed 3/29/07 P. v. Sargeant CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. LARRY BRANT SARGEANT, Defendant and Appellant. (Alameda County Super. Ct. No. C149313) A112220

Defendant Larry Sargeant was charged with and convicted of one count of vandalism of a place of worship after he attacked a religious statue with an axe. He contends the court erred by failing to hold a second hearing to determine whether he was competent to stand trial, that the statutory prohibition against vandalizing a place of worship applies only to real property, that he was denied an adequate restitution hearing, and that the court improperly imposed an upper term sentence based on facts not found by a jury. We reverse as to the sentence and remand for resentencing based on Blakely/Cunningham1 error. In all other respects, the judgment is affirmed. BACKGROUND The Offense A large statue of Jesus Christ stands in the visitor center at the Church of Jesus Christ of Latter Day Saints in Oakland. Visitors gather around the statue to pray, read

Blakely v. Washington (2006) 542 U.S. 961; Cunningham v. California (2007) 549 U.S. __ [127 S.Ct. 856]. 1

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scripture, and listen to narrations about the life and teachings of Christ. The Mormon missionaries who staff the center pray there daily. On December 9, 2004, defendant entered the visitor center, placed a written proscription against the making of graven images at the feet of the statue, and struck the statue repeatedly with an axe, severing a thumb and several fingers. One missionary received a superficial injury from a flying fragment. Another missionary fainted. Others wrestled defendant to the floor and seized the axe, while a visitor seized a large knife from defendant's tool belt. Defendant testified that God had commanded him to " `break off the thumbs and fingers of the statue that the [M]ormons false prophets have made' " and to " `break off both the arms also.' " Jesus Christ had ordained him "president, prophesier, revelator, and high priest of the Church of Jesus Christ of Latter Day Saints" and given him a "deed of ownership to all the properties" belonging to the church. The Heavenly Father ordained him a prophet. In 1985, defendant was convicted of felony vandalism when at God's directions he severed the thumbs and fingers of a statue at the Mormon church's Los Angeles visitor center. The Los Angeles incident occurred shortly after defendant was released from the Salt Lake County Jail, where he was incarcerated for felony vandalism after breaking the thumbs and fingers off of another church statue. The Legal Proceedings Defendant was charged with one count of vandalism of religious property, and the Los Angeles offense was alleged as a prior conviction. (Pen. Code,

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