People v. K.L. CA5

BACKGROUND

I. Criminal proceedings

2 People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Under Marsden, a criminal defendant has a right to make a request to have their court-appointed attorney replaced due to inadequate representation. (Id. at p. 123.) 3 The “disabilities” imposed under Welfare and Institutions Code section 5357 were: K.L. shall not (1) possess a driver’s license, (2) have the right to enter into contracts, (3) have the right to possess a firearm, (4) have the right to refuse or consent to treatment related to the treatment of his being gravely disabled, or (5) have the right to refuse or consent to routine medical treatment unrelated to the treatment of his being gravely disabled.

3. On February 27, 2014, a grand jury indicted K.L. in Stanislaus County Superior Court case number 1467648 on charges of assault with intent to commit rape on a person under 18 years (§ 220, subd. (a)(2); count 1) and one count of committing a lewd act on a child 14 or 15 years old (§ 288, subd. (c)(1); count 2). As to count 1, the grand jury also indicted on the allegation that K.L. had suffered three prior serious felony convictions (§ 667, subd. (a)). As to both counts, it…