Another criminal case results in doubt being declared about the defendant

Preliminary hearing for kidnapping suspect Chai Her was scheduled on August 3. Her has two cases.

Both a resolution and the possibility of declaring doubt per PC 1368 were mentioned by Deputy Conflict Counsel Owen Tipps at the last hearing.

Today, Ms. April Van Dyke appeared for Mr. Tipps. She declared doubt per PC 1368. Visiting Judge Marjorie Carter appointed Dr. Jennifer Wilson to evaluate Her. Receipt of report is due August 26.

Will be interesting to see what Dr. Wilson has to say. It might explain why Her can't comprehend the charges against him and constantly showed up for court on the wrong day and time.

Charges for the latest case are The charges are Count 1 PC 29800 (a) 1, felon in possession of a firearm. Count 2 PC 32310(a), manufacturing, importing, selling, giving away, lending, buying or receiving, or possessing large capacity magazines.  There are two special allegations, PC 12022.1 (b), "any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court" and PC 667 (b) (1).

In his other case, Her is charged with Count 1, kidnapping; the alleged victim is Jennifer Talynn Hurn. Count 2 is False imprisonment by violence; alleged victim is Hurn. Count 3 is Fleeing a pursuing peace officer's motor vehicle while driving recklessly; special allegation for Count 3 is that Her has a prior conviction of a serious or violent felony or juvenile adjudication.

Deputy District Attorney Jane Mackie appeared on the case for the People.

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