Aug 22, 2015
Sentencing for Phoenix Campbell-Loya delayed to get information on possible mental health issues
On 8/17, Phoenix Campbell-Loya was to be sentenced by Judge Miles. On June 29, Phoenix Campbell-Loya was found guilty by the jury of Count 1 assault and Count 2 carrying a concealed dirk and dagger. Count 1 is a felony. He was supposed to be sentenced on July 27; his attorney, Ms. Meagan O'Connell from the Public Defender's office asked for a continuance. She had not received the probation report and requested time to meet with him.
On August 17, Judge Miles granted the motion filed by Ms. O'Connell to reduce the felony charge to a misdemeanor according to PC 17 (b). Campbell-Loya's sentencing was delayed because Judge Miles wanted to refer him for assessment according to PC 1203.03 before making her final decision.
Judge Miles said, "there is question whether there are drug induced mental health issues or mental health issues" and she needed more information before sentencing. She added there was no indication that he was under the influence" the day the incident occurred. She referred to the reports that were done to evaluate Campbell-Loya and he "was found competent each time. In the recent report, he was found competent, despite mental health issues." A court order was issued to place Campbell-Loya in a diagnostic facility.
Next court date is October 13 at 2 p.m. in Courtroom 2.
Previous post (with links to all coverage):
1203.03. (a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes that a just disposition of the case requires such diagnosis and treatment services as can be provided at a diagnostic facility of the Department of Corrections, may order that defendant be placed temporarily in such facility for a period not to exceed 90 days, with the further provision in such order that the Director of the Department of Corrections report to the court his diagnosis and recommendations concerning the defendant within the 90-day period. (b) The Director of the Department of Corrections shall, within the 90 days, cause defendant to be observed and examined and shall forward to the court his diagnosis and recommendation concerning the disposition of defendant's case. Such diagnosis and recommendation shall be embodied in a written report and copies of the report shall be served only upon the defendant or his counsel, the probation officer, and the prosecuting attorney by the court receiving such report. After delivery of the copies of the report, the information contained therein shall not be disclosed to anyone else without the consent of the defendant. After disposition of the case, all copies of the report, except the one delivered to the defendant or his counsel, shall be filed in a sealed file and shall be available thereafter only to the defendant or his counsel, the prosecuting attorney, the court, the probation officer, or the Department of Corrections.