By HOYT ELKINS
The Union Democrat
Daniel Hawkins, 18, pleaded guilty to a single count of armed robbery Monday, only moments after he was deemed mentally competent to stand trial.
A sentence of 10 years in state prison was handed down by Calaveras County Superior Court Judge John E. Martin. Hawkins will get credit for 771 days served since his arrest only moments after the May 2006 heist. He will also get 115 days credit for good behavior.
In a previous court appearance, Hawkins had attempted to fire his attorney and had asked to represent himself in a retrial of robbery charges stemming from the incident at the El Dorado Savings Bank in San Andreas. Instead, at the request of Hawkins' attorney, Tom Marovich, Hawkins was ordered to undergo tests for mental competency to determine if he was capable of understanding the proceedings and helping in his defense.
Two doctors examined him and determined he understood the nature of the proceedings. One of the doctors, however, said Hawkins, who has less than a high school education, is not competent to act as his own attorney. Once the reports were in the record, Hawkins took Marovich back as his attorney and entered a guilty plea to a single count of robbery and to a special allegation that he used a gun in commission of the crime.
Hawkins already faced seven years and eight months behind bars after being convicted Feb. 25 of several counts of assault with a deadly weapon and one count of second-degree burglary for entering a building with intention to steal.
The jury deadlocked 6-6 in that trial on two robbery allegations. Hawkins had insisted he held up the bank in order to get caught and sent to jail, where he could escape personal problems on the outside. He said he did not intend to keep the $6,000-plus he took in the heist.
An element of robbery under California law is the intention to "permanently" deprive the victim of his property. Hawkins said he thought the police would give the money back to the bank immediately. Instead, it was held as evidence as Hawkins' case dragged through the courts.
During his nearly two-and-a-half years in jail, Hawkins fired a series of attorneys, pleaded guilty, withdrew the plea, fired an attorney for not making it clear how much time he would serve, and finally tried to fire Marovich and represent himself.
Had Hawkins been convicted of all of the original charges against him, he could have been sentenced to more than 21 years in prison.
Before entering his guilty plea Monday, he repeated that he did not intend to keep the money, but said he was pleading guilty to the robbery charge because there was a likelihood he would be convicted in a retrial.
Hawkins returns to court July 7 for a restitution hearing. Some of the robbery victims are undergoing distress counseling as a result of the crime. Hawkins will be expected to bear part of the cost.
Contact Hoyt Elkins at helkins@uniondemocrat.com or 736-4092.
