People v. Bautista CA4/3

DISCUSSION

As a preliminary matter, the trial court properly found section 1368 did not apply at the hearing on Bautista’s postconviction petition for resentencing. Section 1368 allows the trial court to suspend the proceedings if a doubt arises as to whether the defendant is competent to stand trial on criminal charges. (Juarez v. Superior Court (1987) 196 Cal.App.3d 928, 931– 932.) With certain exceptions not applicable here, the statute does not apply to criminal proceedings that occur after the judgment is rendered. (§ 1368, subd. (a) [exceptions are limited to “revocation proceedings for a violation of probation, mandatory supervision, postrelease community supervision, or parole”].) The trial court’s ruling on Bautista’s resentencing petition is also unassailable. Under section 1172.6, a defendant convicted of attempted murder may seek resentencing if he was convicted under the natural and probable consequences theory. (§ 1172.6, subd. (a).) But Bautista’s jury was not instructed on that theory, or any other theory of imputed liability. Instead, the jury found he committed attempted premeditated murder by personally discharging a firearm during that offense. Because…