People v. Sargsyan CA6

I. Statement of the Case

On May 31, 2012, a felony complaint charged defendant with vandalism (§ 594, subds. (a), (b)(1)). About a week later, there were concerns about defendant’s mental competency and criminal proceedings were suspended. (§ 1368.) In September 2012, the trial court found that defendant was incompetent to stand trial based on a psychological evaluation.

1 All further statutory references are to the Penal Code. After an evidentiary hearing on December 5, 2012, the trial court found that defendant did not have the capacity to consent to treatment with antipsychotic medication, committed him to the Department of State Hospitals, and authorized involuntary medication with antipsychotic drugs. Defendant has filed a timely notice of appeal.

II. Statement of Facts

On May 29, 2012, defendant threw a chair through the window that separated the staff work area from the assembly room at the Barbara Aaron’s Psychiatric Facility. Defendant told the arresting officer that he was “pissed off” about an attendant’s behavior.

III. Discussion

Defendant contends that there was insufficient evidence to support the trial court’s finding that he did not have the capacity to…