State v. Romero

Defendant appeals from robbery 1 and burglary 2 convictions after a trial to the court sitting without a jury. He assails the convictions based on alleged error in (1) failing to consider the defense of “diminished mental capacity,” and (2) insufficiency of the evidence to show he knew what he was doing at the time of the offenses charged.

On October 26, 1980, the defendant was on work release from the state prison. At about 9:00 p.m., defendant knocked on the victim’s door a few minutes after an accomplice, one Ms. Ulibarri, had gained entrance to the home on the representation she wished to…