People v. Garcia CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On November 2, 2022, the Santa Clara County District Attorney filed an information charging Garcia with felony assault with a deadly weapon (§ 245, subd. (a)(1), count 1); felony second degree robbery (§ 211, count 2); misdemeanor battery (§ 243, subd. (a), count 3); and misdemeanor petty theft (§ 484, subd. (a), count 4). The information further alleged that Garcia has suffered a prior strike conviction (§§ 667.5, subds. (c); 1170.12, subd. (b)(1)). On January 3, 2023, the trial court declared a doubt as to Garcia’s competency to stand trial and appointed a doctor to evaluate him. Following a competency examination, the evaluating psychiatrist filed a report on April 24, 2023, in which she concluded that Garcia was competent to stand trial. The trial court found Garcia competent and reinstated criminal proceedings on April 28, 2023. On May 10, 2023, Garcia brought a Marsden2 motion for the appointment of substitute counsel. The trial court, after hearing from Garcia and his trial counsel in a closed proceeding, denied the motion. Following a jury trial, Garcia was convicted on counts 1 and 4.3 Garcia subsequently…