People v. Kelley CA5

INTRODUCTION

Appellant and defendant Chad Christopher Kelley (appellant) was charged with two felony offenses. At the arraignment, the trial court declared a doubt as to his competency and suspended criminal proceedings pursuant to Penal Code1 section 1368. The expert’s report stated appellant was not competent to stand trial, and the court committed appellant to the State Department of State Hospitals. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529. Appellant did not file a supplemental brief on his own behalf. We affirm.

PROCEDURAL HISTORY

On March 1, 2024, a complaint was filed in Fresno County Superior Court case No. F24901551 charging appellant with committing the following felony offenses on or about February 28, 2024: count 1, elder or dependent adult abuse (§ 368, subd. (b)(1)), and count 2, criminal threats (§ 422). On March 4, 2024, appellant pleaded not guilty. On defense counsel’s motion, the trial court declared a doubt as to appellant’s competency, suspended criminal proceedings…