People v. Burns CA1/5

BACKGROUND

On June 20, 2022, Burns was charged with felony resisting an officer (§ 69; count 1); felony attempted removal of a firearm from a peace officer (§ 148, subd. (d); count 2); misdemeanor resisting, obstructing, or delaying a peace officer or an emergency medical technician (§ 148, subd. (a)(1); count 3);

1 Undesignated statutory references are to the Penal Code.

1 misdemeanor carrying a switchblade knife (§ 21510, subd. (b); count 4); and two misdemeanor counts of elder or dependent elder abuse (§ 368, subd. (c); counts 5, 6). The following day, Burns refused to appear at his arraignment. Despite Burns’s failure to appear, his initial public defender expressed a doubt as to his competency to stand trial and the trial court accepted. The court suspended criminal proceedings and transferred the case to another department for appointment of doctors and further proceedings. On June 23, the trial court appointed another attorney from the Contra Costa Public Defenders, a mental health public defender, to represent Burns in the involuntary medication and competency proceedings. On June 29, the trial court set a competency hearing date for August 10 and appointed three…