People v. Mosier CA3

I. BACKGROUND

At around 1:50 a.m. on February 28, 2023, a police officer responded to an alarm that went off at a local medical facility. The officer saw defendant leaving the building

1 and detained him. The officer searched defendant and found a bent piece of metal in his jacket pocket. The officer noticed marks on one of the business’s doorframes, indicating someone tried to pry or shimmy the lock. The marks on the door were consistent with the piece of metal defendant had been carrying. Defendant was charged with second degree commercial burglary (Pen. Code, § 459—count 1)1 and felony vandalism with more than $400 of damage (§ 594, subd. (a)—count 2). On March 9, 2023, defense counsel declared a doubt as to defendant’s competency to stand trial. (§ 1367 et seq.) The trial court suspended proceedings and appointed a psychologist to examine defendant. The psychologist opined in his May 2023 report that defendant was presently mentally incompetent to stand trial. In June 2023, the trial court found defendant was not competent to stand trial and referred the matter to Central Valley Conditional Release Program for the purpose of recommending placement for treatment. The mental…