People v. Najdawi CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was charged in June 2019 by way of an amended information with battery on a nonconfined person by a prisoner. (Pen. Code, § 4501.5; statutory section citations that follow are to the Penal Code unless otherwise stated.) It was alleged that defendant had a prior strike, based on a 2011 conviction for murder. (§§ 667, subds. (b)-

1 (i), 1170.12.) Three aggravating factors were alleged. (Cal. Rules of Court, rules 4.421(a)(1), 4.421(b)(1), 4.421(b)(3)); rules citations that follow are to the California Rules of Court unless otherwise stated.) In December 2022, defense counsel and the prosecution filed a stipulated statement noting that defendant was currently being prosecuted in Kern County case No. DF015855A (case No. 15855A) (case No. 15855A is not at issue in this appeal). In case No. 15855A, defense counsel had twice declared a doubt as to defendant’s competency to stand trial. (§ 1367 et seq.) The first time, the trial court found defendant not competent to stand trial and referred defendant for competency training. Defendant was subsequently found competent to stand trial, and criminal proceedings were reinstated. His counsel…