Mendez

Filed 12/23/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

LUIS MENDEZ,

Petitioner,

v. G063164

THE SUPERIOR COURT OF (Super. Ct. No. 21HM10091)

ORANGE COUNTY,

OPINION

Respondent;

THE PEOPLE,

Real Party in Interest.

Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of Orange County, Erin Rowe, Judge. Petition denied. Martin F. Schwarz, Public Defender, Adam Vining, Assistant Public Defender, and Lauren Wilson, Deputy Public Defender, for Petitioner.

1 No appearance for Respondent. Todd Spitzer, District Attorney, and Holly M. Woesner, Deputy District Attorney, for Real Party in Interest. * * * When a criminal defendant is found to be mentally incompetent due to a mental health disorder, and is charged with both felony and misdemeanors, the procedures set forth in Penal Code section 1370 apply. 1 This is so even if misdemeanor charges are alleged in a separate charging document from that of the felony charges. Defendant Luis Mendez was charged with misdemeanors…