People v. Marion CA3

I. BACKGROUND

The second amended information charged defendant with attempted murder, torture, aggravated mayhem, assault with a deadly weapon, criminal threats and domestic violence of Doe.1 (Pen. Code, §§ 664/187, subd. (a), 205, 206, 245, subd. (a)(1), 422 & 273.5, subd. (a).)2 As to the charges of attempted murder, assault, and domestic violence, the information alleged defendant inflicted great bodily injury. (§ 12022.7, subd. (e).) As to all counts, the information further alleged defendant used a deadly weapon. (§ 12022, subd. (b)(1).)3 Early in the case, counsel questioned defendant’s competency and entered a plea of not guilty by reason of insanity. Two separate psychiatrists found defendant was aware of his conduct at the time of the allegations of this case. Two additional claims concerning defendant’s competency were raised while the case was pending. In the first of these claims, the trial court declared defendant to be competent after receiving two psychiatrist’s reports opining defendant was competent. In the most recent examination in 2023, the psychiatrist reported defendant was competent. Once again, the trial court found defendant to be competent to stand…