P.

P. v. Llamas CA2/3

Good Law
Court of Appeal of CaliforniaJuly 18, 2013B238029California4,563 words

Opinion

Opinion

Aldrich, J.

DISCUSSION

1. The trial court did not abuse its discretion by failing to declare a doubt and suspend proceedings pending a second competency hearing. a. Additional facts. Prior to trial, Llamas was examined by two mental health professionals, Dr. Jack Rothberg and Dr. Haig Kojian. In a report dated July 7, 2010, Dr. Rothberg found Llamas was “marginally” competent to stand trial. Dr. Rothman explained that Llamas had “emotional difficulties” going back to 2006, when he was suicidal. In 2007 he began hearing voices and had paranoid ideas. He had been medicated for his psychiatric problems. Llamas’s “fund of knowledge, ability to abstract and general intellectual functioning” were “grossly impaired.” Dr. Rothberg concluded Llamas suffered from a “developmental delay, possibly mental retardation,” as well as paranoid schizophrenia. He nonetheless had a rudimentary understanding of the nature and purpose of trial proceedings and a limited capacity to assist counsel in preparing his defense. The report concluded that Llamas was “competent to stand trial albeit very marginally so. He will

1 All further undesignated statutory references are to the Penal Code. 2 People v. Superior Court…

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